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GOLOBHDO  SPRHiGS  LIKHTDI}  COITBQVERSY 

W  1  TH      AN 

INTRODUCTION  AND  EPITOME 


HENRY     FLOY.    M.  A,  M.  E. 

CONSULTING     ENGINEER 

MEMBER    OF 

AMERICAN      INSTITUTE     OF      ELECTRICAL      ENGINEERS, 

ILLUMINATING      ENGINEERING      SOCIETY, 

NEW     YORK      ELECTRICAL     SOCIETY, 

NATIONAL     JURY     OF     AWARDS,      LOUISIANA      PURCHASE 

EXPOSITION,      1904, 

BOARD     OF     ARBITRATION,     COLORADO     SPRINGS 

LIGHTING     CONTROVERSY,     1907, 

ETC. 


FIRST    EDITION 
1908 


NEW     YORK 

Illuminating  Engineering  Publishing  Company 

12    WEST    40TM    STREET 


COPYRIGHT,   1908,   BY 
HENRY    FLOY. 


ROCKWELL   PRINTINO   CO. 
PRINTERS. 


PREFACB.  '  (J   7   0   ^  ^ 


PREFACE. 

The  controversy  between  the  City  of  Colorado  Springs,  Colo- 
rado, and  the  Pike's  Peak  Hydro-Electric  Company  of  the  same 
city,  has  become  memorable  because  it  decided  for  the  first  time 
in  a  judicial  way  three  questions  of  importance  to  those  engaged 
in  the  business  of  electric  lighting. 

First:  The  meaning  of  the  phrase  "An  arc  light  of  standard 
2,000  candle-power." 

Second :  The  monetary  damage  accruing  by  the  substitution 
of  a  6.6  ampere  series  alternating-current  arc  lamp  for  "an  arc 
light  of  standard  2,000  candle-power." 

Third :  The  financial  damage  resulting  from  the  failure  to 
maintain  the  substituted  lamps  at  their  normal  operating  con- 
ditions. 

The  controversy  is  furthermore  of  unusual  interest  and  value, 
because  there  was  put  on  record,  under  oath,  the  opinions  of 
many  of  the  leading  experts  of  this  country  on  questions  of  light- 
ing, arc  lamps  and  illumination. 

The  important  character  of  the  questions  settled,  the  perma- 
nent value  of  the  opinions  of  the  experts,  the  precedent  estab- 
lished as  to  a  fair  and  sensible  method  of  settling  an  engineering 
controversy,  the  repeated  requests  for  statements  of  the  exact 
points  involved,  copies  of  the  testimony,  the  arbitration  agree- 
ment, the  award,  and  the  fact  that  the  case  was  arbitrated  under 
the  statute — therefore  no  record  of  the  findings  appear  in  the  law 
journals — all  these  considerations  have  seemed  to  demand  that 
the  history  of  the  case  be  put  in  book  form. 

Following  a  general  synopsis  of  the  controversy  by  the  editor, 
the  matter  herein  has  been  arranged,  for  the  most  part,  in  the 
natural  order  of  its  introduction  in  the  case.  The  Exhibits — 
those  of  the  Plaintiff  being  numbered  and  those  of  the  Defendant 
being  lettered — have  been  grouped  together  seriatim,  ahead  of 
the  testimony,  for  convenient  reference.  The  testimony  given  at 
the  Hearings  is  arranged  in  the  order  in  which  the  Witnesses 
were  heard ;  the  Closing  Arguments  of  the  Attorneys,  the  Award 


ivi66'?924 


6  PREFACE. 

of  the  Arbitrators,  and  an  Index  conclude  the  subject  matter  of 
the  book. 

The  Editor  desires  to  gratefully  acknowledge  the  cordial  co- 
operation of  the  witnesses,  attorneys  and  the  two  other  arbitra- 
tors in  the  preparation  of  this  publication. 

HENRY  FLOY. 

New  York  City,  January  2,  1908. 


TABLE  OF  CONTENTS.  7 

TABLE    OF    CONTENTS. 

Page. 
Frontispiece,  Council  Hall,  Colorado  Springs,  Colorado. 

Preface  5 

Introduction  and  Epitome 1 1 

List  of  Witnesses  for  Plaintiff 29 

"    Defendant 3° 

Dates  of  Hearings 31 

Exhibit  No.     i.     City  Ordinance,  "Jackson  Franchise" 33 

"       No.     2.     Preliminary    Agreement    of     Arbitration, 

June  12,  1906 40 

"       No.     3.     Agreement  of  Arbitration,  January  30,  1907    43 
"       Nos.  4-20.     Monthly  bills  for  lighting  service  ren- 
dered   the   City  of    Colorado    Springs 
from  February,  1905,  to  December,  1906, 

inclusive 48 

"  No.  21.  Contract  between  the  City  of  Colorado 
Springs  and  the  Colorado  Springs  Lowe 
Gas  and  Electric  Company,  dated  April 

7,  1890 49 

"  No.  22.  Contract  between  the  City  of  Colorado 
Springs  and  the  El  Paso  Electric  Com- 
pany, dated  April  i,  1899 53 

"  No.  23.  Contract  between  the  Colorado  Springs 
Electric  Company  and  the  City  of  Colo- 
rado Springs,  dated  September  5,  1901 .  .     56 

"       No.  24.     Draft  of  proposed  Jackson  Franchise 60 

"  No.  25.  Original,  executed  copy  of  Jackson  Fran- 
chise       60 

"       No.  26.     Tabulation   of   tests    made   on    street   arc 

lamps  by  City's  Experts 61 

"       No.  2y.     Tabulation   of   tests    made   on    street   arc 

lamps  by  City's  Experts 62 

"  No.  28.  Curve  showing  relation  of  watts  to  max- 
imum candle-power,  Purdue  University 
tests 63 


8  ^  TABLE  OF  CONTENTS. 

Page. 
Exhibit  No.  29.     Curve  showing  relation  of  watts  to  mean 
hemispherical      candle-power,     Purdue 
University  tests 64 

"       No.  30.     Bill  for  lighting  service  rendered  the  City 

of  Colorado  Springs,  January,  1907 65 

"  No.  31.  Polar  diagrams  and  Rousseau  curves,  Pur- 
due University  tests 66 

"       No.  32.     Candle-power  curves  of  various  types  of 

arc  lamps,  by  Prof.  C.  P.  Matthews. ...     67 

"       Nos.  33  and  34.    Carbons  from  D.  C.  series  open  arc 

lamps 68 

"       Nos.  35  and  36.    Carbons  from  A.  C.  series  enclosed 

arc  lamps 68 

"       No.  37.     Map  of  Colorado  Springs,  showing  location 

of  lamps  removed  for  tests 68 

"       No.  38.     Illumination  curves  of  arc  lamps  made  by 

Mr.  W.  D'A.  Ryan 69 

"       No.  39.     Blackboard     sketches      of      candle-power 

curves  by  Mr.  W.  D'A.  Ryan 70 

"       No.  40.     Polar  diagrams  of  A.  C.  enclosed  arc  lamps.     71 

"       No.  41.     Polar  diagrams  of  D.  C.  enclosed  arc  lamps.     72 

"  No.  42.  Photograph  of  disc,  with  segments  re- 
moved       72 

"  No.  43.  Photograph  showing  diminution  light  pro- 
duced by  rotating  segmental  disc 72 

"  No.  44.  Photograph  showing  diminution  light  pro- 
duced by  stationary  disc 72 

"       No.  45.     Photograph    showing    light    from    A.   C. 

arc  on  rotating  screen 72 

"       No.  46.     Resolution    of    the    Council    of    Colorado 

Springs,  January  16,  1905 73 

"       No.  47.     Letter  of  Mr.  G.  A.  Taff,  January  12,  1905       75 

"  No.  48.  Newspaper  copy  of  contract  between  the 
Pike's  Peak  Hydro-Electric  Company 
and  the  Colorado  Springs  Electric  Com- 
pany, January  31,  1903 76 

"       No.  49.     Letter  from  Mr.  G.  A.  Taff,  January  12, 

1905 86 

"       No.  50.     Rousseau  diagram  of  arc  lamps  by  Prof. 

J.  C.  Shedd 87 


TABLE  OF  CONTENTS.  9 

Page. 
Exhibit  A  I.  Volume  105,  Federal  Reporter 87 

"       A  2.  Resolution     from     Proceedings,    National 

Electric  Light  Association,  1894 87 

"  B.  Paper  read  before  the  Ohio  Electric  Light 
Association  by  Mr.  W.  D'A.  Ryan,  1901, 
with  illustrations 88 

"       C.  Clear   inner  globe   for   A.   C.   enclosed  arc 

lamp loi 

"       D.  Opal  inner  globe  for  A.   C.  enclosed  arc 

lamp loi 

"       E.  Luminometer  Card,  No.  i 102 

"       F.  Luminometer  Card,  No.  2 103 

"       G.  Copy  of  Exhibit  No.  32  enlarged 104 

"       H.  Volume   of   Proceedings   of   the    National 

Electric  Light  Association,  1894 104 

"       L  List  of  sales  of  enclosed  arc  lamps,  1895- 

1900 104 

J.  Mr.  W.  D'A.  Ryan's  report  on  the  lighting 

system  of  Colorado  Springs 105 

"  K.  Orders  for  6.6  ampere  enclosed  arc  lamps 
received  by  the  General  Electric  Com- 
pany to  February,  1904 no 

-  "       L.  Additional    tests    of    lamps,    addendum    to 

Exhibit  J Ill 

"       M  1-23.     Monthly  station  lighting  records,  February 

1905,  to  January,  1907,  inclusive 112 

"       M  24.        Computations  from  Exhibit  M  1-23 113 

"       M  25.        Curve  representing  Exhibit  M  24  diagram- 

matically 114 

N.  Volume    "Art    of    Illumination,"    by    Dr. 

Louis  Bell 115 

O.  Pamphlet  "Light  and  Illumination,"'  by  Mr. 

W.  D'A.  Ryan 115 

P.  Paper  "Illuminating  Engineering,"  read  be- 
fore the  Ohio  Electric  Light  Association 
in  1905  by  Mr.  W.  D'A.  Ryan 115 

"       Q.  Inspector's  nightly  reports  and  load  sheet 

of  Sub-station  "A",  August,  1906 115 

Organization,  Board  of  Arbitrators 116 


10  TABLB  OF  CONTENTS. 

Page. 

Testimony  of  Mr.  K.  M.  MacMillan,  City  Clerk ii6 

"  "  Mr.  Van  E.  Rouse,  ex-Councilman 117 

"  "  Mr.  W.  H.  Mclntryre,  ex-Councilman 119 

"  Prof.  J.  C.  Shedd,  City's  Expert 121 

"  Prof.  Chas.  P.  Matthews,  City's  Expert 133 

"  Prof.  J.  C.  Shedd,  lecture 146 

"  Mr.  L.  B.  Marks,  City's  Expert 148 

"  Mr.  A.  D.  Adams,  City's  Expert 168 

"  Mr.  L.  B.  Marks,  City's  Expert 173 

"  Dr.  Louis  Bell,  City's  Expert 174 

"  Mr.  A.  D.  Adams,  City's  Expert 185 

"  Mr.    George   A.   Taflf,    Manager,    Pike's    Peak 

Hydro-Electric  Company 187 

"  Prof.  J.  R.  Armstrong,  City's  Expert 188 

"  Prof.  William  Strieby,  City's  Expert 189 

"  Mr.  W.  D'A.  Ryan,  Company's  Expert 192 

"  "  Mr.  C.  W.  Humphrey,  Company's  Expert ....   230 

"  "  Mr.  J.  C.    Lawler,    Asst.    Engineer,    Colorado 

Springs  Electric  Co 234 

"  "  Mr.  E.  P.  Dillon,  Electrical  Engineer,  Colorado 

Springs  Electric  Co 241 

"  Mr.  R.  F.  Schuchardt,  Company's  Expert 257 

"  Mr.     G.     B.     Tripp,     Ex-Manager,     Colorado  • 

Springs  Electric  Co 261 

"  Mr.    George   A.   Taflf,  Manager    Pike's    Peak 

Peak  Hydro-Electric  Co 266 

"  Mr.  R.  F.  Schuchardt,  Company's  Expert 271 

"  "  Mr.  K.  M.  MacMillan,  in  rebuttal 272 

"  Prof.  J.  C.  Shedd,  in  rebuttal 273 

"  Dr.  Louis  Bell,  in  rebuttal 277 

"  Mr,  W.  D'A.  Ryan,  in  rebuttal 283 

Initial  summing  up  and  argument  for  the  Plaintiff 285 

Closing  argument  for  the  Defendant 293 

Final  summing  up  and  closing  argument  for  the  Plaintiff.  . .  .   303 

Award  of  Arbitrators 309 

Index  318 


HISTORICAL    RESUME.  " 

Introduction  and  Epitome. 

HISTORICAL  RESUME. 

The  street-lighting  controversy  between  the  City  of  Colorado 
Springs,  Colorado,  and  the  Pike's  Peak  Hydro-Electric  Company 
arose  over  the  interpretation  of  a  clause  in  a  City  Ordinance. 
The  Ordinance,  known  as  the  "Jackson  Franchise,"  (see  Exhibit 
No.  i)  was  granted  by  the  City  of  Colorado  Springs,  September 
8,  1898,  for  twenty-five  years  to  one  George  W.  Jackson,  and  by 
him  assigned  to  the  Pike's  Peak  Hydro-Electric  Company.  The 
franchise,  aside  from  allowing  the  grantee  to  string  wires,  lay 
conduits,  and  exercise  other  rights  within  the  city  limits,  gave 
him  the  use  of  the  City's  water  supply,  for  the  purposes  of  power 
generation — which  has  been  developed  to  the  extent  of  some 
3,000  horse-power — in  return  for  his  completing  certain  construc- 
tions in  connection  with  the  water  works  of  the  City  and  fur- 
nishing to  the  grantor,  for  electric  lighting,  "arc  lights  of  stand- 
ard 2,000  candle-power"  at  the  rate  of  $66.00  per  annum,  and  in 
addition  some  minor,  free,  electric  service.  Furthermore,  any 
plant,  erected  by  the  grantee  to  supply  the  City,  to  become  the 
property  of  the  City  at  the  expiration  of  the  franchise. 

Soon  after  the  granting  of  the  Jackson  franchise,  and  until  the 
grantee  could  begin  furnishing  light  thereunder,  the  City  of 
Colorado  Springs  entered  into  a  contract  for  lighting  its  streets, 
on  a  moonlight  schedule,  with  the  El  Paso  Electric  Company, 
using  lamps,  which  in  the  wording  of  the  contract  (see  Exhibit 
No.  22),  "are  commercially  known  as  arc  lamps  of  2,000  candle- 
power."     This  contract,  dated  April  i,  1899,  and  running  for  five 


12  HISTORICAL    RESUME. 

years,  was  taken  over  by  the  Colorado  Springs  Electric  Com- 
pany, successors  in  interest  to  the  El  Paso  Company.  With  the 
consent  of  the  City,  a  new  contract,  dated  September  5,  1901  (see 
Exhibit  No.  2;^),  was  substituted  for  the  one  inherited  from  the 
El  Paso  Company,  under  which  the  Colorado  Springs  Electric 
Company  agreed  to  supply  lamps  commercially  known  as  "6.6 
ampere,  enclosed,  arc  lamp  of  the  series,  alternating  system"  to 
the  City,  on  practically  a  moonlight  schedule,  for  $80,00  per  year, 
a  reduction  of  $18.00  per  annum,  per  lamp  as  compared  with  the 
price  under  the  discontinued  contract. 

Finally,  in  February,  1905,  after  the  Pike's  Peak  Hydro-Elec- 
tric Company  had  completed  part  of  its  construction  in  connec- 
tion with  thfe  water  works,  so  that  it  could  use  the  city  water,  had 
notified  the  City  that  it  was  prepared  to  carry  out  the  terms  of  its 
contract  with  regard  to  lighting  the  City  streets  (see  Exhibit  No. 
47),  and  after  an  informal  conference  in  the  store  of  one  of  the 
Aldermen,  named  Perkins  (which  was  the  subject  of  much  con- 
troversy in  the  hearings  before  the  arbitrators),  the  City  Council, 
at  a  regular  meeting,  formally  authorized  (see  Exhibit  No.  46) 
the  Pike's  Peak  Hydro-Electric  Company  to  begin  the  use  of  the 
City's  water  and  to  inaugurate  the  lighting  service  to  the  City 
under  the  terms  of  the  Jackson  franchise. 

The  Pike's  Peak  Hydro-Electric  Company  having  built  its 
power  plant  outside  of  the  city  limits,  and  owning  no  wires 
therein,  had  arranged  (see  Exhibit  No.  48)  with  the  Colorado 
Springs  Electric  Company,  whose  contract  was  now  being  dis- 
continued, to  act  as  its  agent,  to  light  the  streets  of  the  City. 
It  had  also  arranged  to  supply  "en  bloc"  to  the  Colorado  Springs 
Electric  Company  for  its  own  use,  all  the  electric  energy  gener- 
ated at  the  Pike's  Peak  Company's  hydro-electric  plant. 


HISTORICAL    RESUME.  I3 

The  representatives  of  the  Pike's  Peak  Hydro-Electric  Com- 
pany claimed  that  it  was  understood  by  the  representatives  of 
the  City  at  the  informal  conference  in  Alderman  Perkins'  office, 
that  among-  other  things,  the  Pike's  Peak  Company  would, 
through  its  agent,  continue  to  employ  the  6.6  ampere  lamps  and 
wires  of  the  Colorado  Springs  Electric  Company  in  carrying  out 
its  obligations  to  the  City  under  the  Jackson  franchise,  and  one 
of  the  Company's  witnesses  testified  that  all  matters  arranged  at 
the  informal  conference  were  incorporated  in  a  Resolution  passed 
at  a  regular  meeting  of  the  Councilmen  held  the  same  day  or  the 
day  thereafter.  This  Resolution,  however,  contains  no  permit  to 
substitute  any  other  lamp  or  light  for  that  called  for  in  the  Jack- 
son franchise,  and  no  conclusive  evidence  was  introduced  that 
showed  the  City  understood  or  agreed  that  the  6.6  ampere  lamp 
would  be  furnished  and  accepted  as  equivalent  to  the  light  called 
for  in  the  Jackson  franchise.  On  the  other  hand,  the  City  acqui- 
esced in  the  use  of  the  6.6  ampere  lamps  to  the  extent  of  offering 
no  formal  objection  to  their  employment  for  fifteen  months,  dur- 
ing which  period  it  paid  for  the  lights  in  full. 

Dissatisfaction  with  the  grant  of  the  Jackson  franchise  and  its 
provisions  had  been  evinced  several  times  by  the  citizens  or 
public  officials  of  Colorado  Springs  between  1898  and  1907.  In 
1900,  the  City  brought  suit  to  test  the  validity  of  the  franchise, 
but  the  United  States  Circuit  Court  of  Appeals  held  it  to  be  valid 
and  not  forfeited.  Claims  were  made  that  the  owners  of  the 
franchise  failed  to  carry  out  important  obligations  and  had 
wasted  and  polluted  the  city  water.  Early  in  1906  the  City 
Council  called  for  a  report  and  opinion  from  the  City  Attorney 
covering  the  whole  question,  which  report,  presented  March  22, 
1906,  stated  that  in  the  opinion  of  the  City  Attorney,  the  Pike's 


14  ARBITRATION    ARRANGEMENT. 

Peak  Hydro-Electric  Company  had  "never  furnished  or  offered 
to  furnish  to  the  City  any  electric  light  of  2,000  candle-power 
each,"  had  overcharged  the  City  for  service  supplied  and  had 
forfeited  every  right  granted  under  the  Jackson  franchise  and 
"no  longer  has  any  right  to  use  of  the  City  water  or  any  other  of 
the  City's  property."  Upon  the  advice  of  the  City  Attorney,  the 
City  refused  to  pay  the  lighting  bills  presented  by  the  Pike's 
Peak  Hydro-Electric  Company,  beginning  June  i,  1906,  with  the 
result  that  the  arbitration  herein  discussed  was  mutually  agreed 
upon  to  settle  that  phase  of  the  controversy  between  the  City 
and  the  Company. 

ARBITRATION  ARRANGEMENT. 

The  State  of  Colorado  by  statute  provides  that  civil  cases  of 
controversy  may  be  decided  by  arbitration.  The  law  covering 
the  matter  is  so  concise,  sensible  and  withal  establishes  such  a 
desirable  precedent  that  it  is  worth  quoting  at  length. 

CHAPTER  26  OF  ARBITRATION. 

282.  All  controversies  may  be  arbitrated. 

That  all  controversies  which  may  be  the  subject  of  a  civil  action,  may 
be  submitted  to  the  decision  of  one  or  more  arbitrators,  in  the  manner 
and  with  the  effect  indicated  in  this  act. 

283.  Written  articles  of  agreement — bind. 

In  order  to  make  future  arbitration  obligatory  and  binding  upon  the 
parties,  they  shall  before  they  make  their  submission,  make  and  subscribe 
a  written  article  of  agreement,  in  and  by  which  they  shall  agree  to  submit 
all  matters,  or  some  particular  matter  of  difference,  to  the  arbitrators 
named,  and  to  abide  their  award;  and  also,  that  the  award,  when  made, 
may  be  filed  by  the  successful  party  with  the  clerk  of  the  District  Court, 
as  a  basis  of  a  judgment,  and  that  an  execution  may  be  issued  for  its 
collection. 


ARBITRATION    STATUTE.  15 

284.  Oaths  of  Arbitrators. 

Arbitrators  shall  not  have  power  hereafter  to  act  until  they  take  and 
subscribe  an  oath,  before  some  person  authorized  by  law  to  administer 
oaths,  to  the  effect  that  they  will  well  and  truly  try,  and  impartially  and 
justly  decide  the  matter  in  controversy,  according  to  the  best  of  their 
ability,  which  oath  shall  be  filed  with  their  award. 

285.  Power  of  Arbitrators — issue  subpoenas — administer  oaths — quorum. 
Arbitrators  duly  sworn    and    entered    upon    their    duties,   shall    have 

power  to  issue  subpoenas  for  witnesses,  while  a  court  of  record  in  proper 
case  may  aid  and  enforce  by  attachment,  and  after  a  trial  and  hearing 
they  shall  decide  the  matters  in  controversy  in  writing,  according  to  the 
very  right  of  the  matters.  Any  arbitrator  may  adminster  oaths  to 
witnesses,  and  when  there  are  three  arbitrators,  two  of  them  may  do  any 
act  which  might  be  done  by  all. 

286. 

The  party  in  whose  favor  any  award  shall  be  made,  may  file  the  same 
with  the  clerk  of  the  District  Court  of  the  county  wherein  the  matters 
were  arbitrated,  who  shall  be  authorized  to  enter  a  judgment  thereon, 
and  if  such  award  requires  the  payment  of  any  sum  of  money,  it  shall  be 
lawful  for  the  clerk  to  issue  an  execution,  out  of  and  under  the  seal  of  the 
court  for  the  collection  of  the  judgment. 

287.  Fees  of  the  Arbitrators — to  be  included  in  award  and  paid  before 

delivered. 
Arbitrators  shall  be  entitled  to  receive  from  the  parties  in  whose  favor 
the  award  is  made,  three  dollars  per  day  for  their  services,  and  the 
amount  of  their  compensation  shall  be  included  in  their  award  and  in  the 
judgment  entered  thereon  by  the  clerk.  The  arbitrators  shall  not  be  re- 
quired to  deliver  their  award  to  such  successful  parties  until  their  said 
compensation  shall  have  been  paid. 

288.  Res  Adjudicata  applies — impeachment  of  award — setting  it  aside. 
Whenever  it  shall  appear  upon  the  trial  of  an  action  at  law,  or  the 

equity,  or  in  any  legal  proceeding,  in  or  before  any  court  of  competent 
jurisdiction,  that  the  subject  matter  of  such  action,  or  proceeding,  or  any 
part  thereof,  or  the  defense  thereto,  or  of  any  part  thereof,  has  been  sub- 
mitted to  and  decided  by  arbitrators,  according  to  the  terms  of  this  ar- 
ticle, such  matter,  so  arbitrated,  shall  be  held  to  have  been  adjudicated 
and  settled,  and  not  open,  either  directly  or  indirectly,  for  review;  but  this 
shall  not  be  construed  to  prevent  an  adjudication  by  arbitration  from 
being  impeached  and  set  aside  for  fraud  or  other  sufficient  cause,  the 
same  as  a  judgment  of  a  court  of  record,  nor  to  prevent  a  party  from 
relief  on  the  ground  of  mistake,  inadvertence,  surprise,  or  excusable  neg- 
lect, or  in  case  of  other  judgment  orders  or  proceedings  of  the  court. 


i6  ARBITRATORS    AND    ATTORNEYS. 

Preliminary  steps  looking  to  a  settlement,  in  accordance  with 
the  statute,  of  the  lighting  controversy  between  Colorado  Springs 
and  the  local  Company,  were  first  arranged  in  June,  1906  (See 
Exhibit  No.  2),  and  the  final  Arbitration  Agreement  (See  Er- 
hibit  No.  3)  was  signed  January  30,  1907.  Under  this  Agreement, 
Professor  L.  G.  Carpenter  of  the  State  Agricultural  College,  Fort 
Collins,  Colorado,  formerly  State  Engineer,  Mr.  E.  L.  Elliott. 
Editor  of  the  Illuminating  Engineer,  New  York  City,  and  Mr. 
Henry  Floy,  Consulting  Engineer,  New  York  City,  were  agreed 
upon  by  both  parties  as  constituting  a  Board  of  Arbitration, 
which  should  hear  the  evidence  oflfered  and  render  a  decision  in 
final  settlement  of  the  whole  question. 

The  Board  of  Arbitrators  met  February  ist,  1907,  in  the  Council 
Hall  at  Colorado  Springs  and,  after  being  sworn,  immediately 
proceeded  with  the  hearings.  The  City  was  represented  by  its 
Attorney,  Judge  William  C.  Robinson;  the  Pike's  Peak  Hydro- 
Electric  Company  by  Honorable  K.  C.  Schuyler  of  Denver,  Colo- 
rado; and  the  Colorado  Springs  Electric  Company,  although 
only  indirectly  interested,  by  Honorable  R.  L.  Holland,  of  Colo- 
rado Springs,  Colorado.  A  host  of  well-known,  capable  and 
fair-minded  experts  were  called  by  both  sides  and  their  more 
important  testimony  is  hereinafter  given  in  full. 

Under  the  Arbitration  Agreement,  the  City  claimed  that  the 
Arbitrators  should  base  their  award,  if  any,  upon  the  ratio  of 
the  candle-power  of  the  lights  furnished  the  City  to  2,000  candle- 
power,  the  figure  mentioned  in  the  Jackson  franchise.  That  is, 
it  demanded  as  repayment  $16,952.21  out  of  the  total  $19,943.79, 
which  it  had  thus  far  paid  on  account  of  lighting  furnished  by  the 
Pike's  Peak  Hydro-Electric  Company,  with  a  similar  reduction 
on  the  bills  presented  and  unpaid,  basing  its  claim  on  the  ratio 


HEARINGS  AND  TESTIMONY.  17 

of  300  candle-power,  the  figure  derived  from  tests  on  the  street 
lamps  made  by  experts,  to  2,000  candle-power,  the  figure  men- 
tioned in  the  contract.  Moreover,  the  City  claimed  that  such 
basis  of  award  had  been  agreed  to  by  the  Pike's  Peak  Hydro- 
Electric  Company,  quoting  in  substantiation  the  paragraphs 
"A"  and  "B"  of  Section  "First"  from  the  Agreement  of  Arbi- 
tration. Attorneys  for  the  Pike's  Peak  Company  maintained 
that  the  clauses  referred  to  had  been  inserted  in  the  Arbitration 
Agreement  only  as  a  claim  of  the  City,  which  had  not  been  as- 
sented to  by  the  Company.  Considerable  acrimony  developed 
over  the  interpretation  of  these  clauses,  which  the  Arbitra- 
tors ignored,  because  of  the  form  of  the  Agreement  of  Arbitration 
itself,  the  contradictory  statements  made  by  the  two  parties  to 
the  Agreement  and  the  little  likelihood  that  the  Pike's  Peak  Com- 
pany would  stipulate  in  advance,  as  a  basis  of  award,  the  ratios 
of  candle-powers. 

The  fuller  statements  of  the  claims  of  the  parties  to  this  con- 
troversy are  best  set  forth  in  the  verbal  arguments  presented  at 
the  conclusion  of  the  hearings  by  the  respective  attorneys  in 
their  closing  addresses  to  the  Board  of  Arbitrators. 

HEARINGS  AND  TESTIMONY. 

All  the  hearings  for  taking  the  testimony  of  the  witnesses  were 
held  in  Colorado  Springs.  They  continued  for  eight  days  with- 
out interruption,  except  for  Sunday ;  morning  and  afternoon  ses- 
sions being  held  daily,  and  in  some  cases,  night  sessions  also. 
After  the  conclusion  of  the  hearings,  the  Arbitrators  conferred 
for  one  full  day  and  then  adjourned  to  await  completion  of  the 
stenographic  reports  of  the  testimony  of  the  experts  and  the 


i8  EQUITABLE    ESTOPPEL. 

arguments  of  the  attorneys ;  also  requesting  the  attorneys  to  sub- 
mit written  briefs  on  the  question  of  the  City's  being  estopped 
from  claims  for  rebates. 

In  reproducing  the  records  of  testimony  given  by  the  witnesses, 
questions  to  show  their  competency  have  been  omitted,  as  in  all 
cases  the  witnesses  were  accepted,  and  the  brief  statement  given 
under  the  name  of  each,  on  page  29,  is  believed  to  be  sufficient 
identification.  All  discussions  of  extraneous  matters,  such  as 
time  and  place  of  adjournment,  orders  of  procedure,  semi-per- 
sonal or  legal  exchanges  of  opinion,  immaterial  to  the  real  sub- 
ject of  the  controversy,  have  also  been  omitted. 

In  order  to  arrive  at  a  clear  understanding  of  the  relations  be- 
tween the  City  and  the  various  Lighting  Companies  operating  in 
Colorado  Springs,  the  contracts  and  the  evidence  of  Messrs.  Mac- 
Millan,  Rouse,  Mclntyre,  TaflF,  Dillon  and  Tripp  should  be  read. 
The  other  witnesses  were  called  mainly  to  secure  expert  testi- 
mony as  to  questions  of  light,  candle-power,  arc  lamps,  electrical 
measurements,  etc. 

At  the  conclusion  of  the  testimony,  the  respective  attorneys 
were  requested  to  immediately  make  their  closing  arguments,  no 
time  being  allowed  for  especial  preparation.  These  arguments 
are  given  hereafter,  in  abbreviated  form,  both  attorneys  having 
kindly  co-operated  with  the  editor,  by  omitting  all  but  their  lead- 
ing thoughts  from  the  printed  addresses,  and  this  may  have  re- 
sulted in  some  lack  of  smoothness  or  continuity  in  their  present 
form  which  was  not  apparent  in  the  verbal  arguments. 

EQUITABLE  ESTOPPEL. 
After  the  conclusion  of  the  hearings,  the  attorneys,  for  the 


EQUITABLE    ESTOPPEL.  19 

respective  parties  to  the  controversy,  submitted  written  briefs  on 
the  question  of  equitable  estoppel,  which  had  been  claimed  by 
the  counsel  for  the  Pike's  Peak  Hydro-Electric  Company  and 
strongly  urged  during  his  verbal  closing  argument. 

The  subject  of  these  briefs  may  be  summarized  as  follows : 
The  Attorney  for  the  Pike's  Peak  Hydro-Electric  Company 
argued  that  the  City  was  precluded  from  asking  damages,  past 
and  future,  on  account  of  the  light  furnished,  because  of  two 
circumstances : 

First.  The  City,  through  its  Mayor,  with  several  Council- 
men,  at  a  conference  in  Alderman  Perkins'  office,  January,  1905, 
received  verbal  notification  of,  and  there  accepted  as  satisfactory 
under  the  Jackson  franchise,  the  furnishing  of  lights  through 
the  lines  and  lamps  of  the  Colorado  Springs  Electric  Company 
then  in  use  (which  had  previously  been  approved  by  the  City  as 
satisfactory  under  the  terms  of  a  contract  made  with  the  Colorado 
Springs  Electric  Company,  September  5,  1901),  and  therefore  the 
City  was  estopped  from  thereafter  claiming  that  the  lights  fur- 
nished, through  those  lines  and  lamps,  were  not  in  accordance 
with  the  wording  of  the  ordinance. 


References: 

"Estoppel   and     Res    Adjudicata,"    by    H.     M.     Herman,  Sections 

772-776. 
I  Dillon  "Municipal  Corporations,"  pages  485-523. 
15  "American  and  English   Encyclopedia  of  Law,"  page   1028. 
Bank  vs.  Bank,  50  N.  Y.,  page  582. 
Blair  vs.  Watt,  69  N.  Y.,  page  113. 
Arapahoe  County  vs.  City  of  Denver. 
30  Colorado,  pages  13-20. 
105  Federal,  page   11. 
122  Federal,  page  322. 
27  L.  R.  A.,  page  827. 
Mills  A.  S..  Sections  4487-8,4496. 


Second.     The   City  allowed  the   Pike's   Peak  Hydro-Electric 


20  EQUITABLE   ESTOPPEL. 

Company  to  continue  to  supply  certain  lights  for  a  period  of 
fifteen  months,  paying  full  price  therefor  without  formal  re- 
monstrance, and  that,  therefore,  the  City  was  bound  to  continue 
the  acceptance  of  such  lights.  ^ 


References: 

Austin  vs.  Bartholomew,  107  Federal,  page  349. 

Easton  and  Mahon  vs.  New  York  R.  R.  Co.,  24  N.  J.  E.  reports, 
page  49. 

Argenti  vs.  City  of  San  Francisco,  16  California,  page  256. 

Kneeland  vs.  Oilman,  24  Wisconsin,  page  39- 

Central  Electric  Co.  vs.  Street  Lighting  District  No.  i,  58  At- 
lantic, page  1080. 

City  of  Atlanta  vs.  Gate  City  Gas  Light  Co.,  71  Georgia,  page 
125. 

Gilbert  vs.  City  of  Manchester,  55  New  Hampshire,  page  303. 


The  City  Attorney,  in  answer  to  the  first  claim  of  opposing 
counsel,  argued  that  the  contract  between  the  City  and  the  Com- 
pany was  made  by  an  ordinance  passed  by  the  City  Council  and 
accepted  by  the  Company,  which  contract  required  lights  of  a 
certain  candle-power;  that  the  meeting  in  Alderman  Perkins' 
office  was  not  and  did  not  pretend  to  be  a  meeting  of  the  City 
Council,  but  it  was  merely  an  informal  conference  between  cer- 
tain members  of  the  City  Council  and  certain  representatives  of 
the  Electric  Company,  of  which  no  record  was  kept ;  that  nothing 
done  at  that  conference  could  repeal  or  modify  the  terms  of  the 
ordinance  contract.  He  further  argued  that  at  the  said  meeting 
neither  the  City  nor  an  officer  of  it  received  notice  or  knowledge 
that  the  lights  to  be  furnished  would  be  of  less  than  the  power 
required  by  the  ordinance,  and  that  the  letters  addressed  by  the 
Company  to  the  City  Council  about  the  time  of  this  conference, 
and  the  formal  action  of  the  Council  in  response  to  those  letters, 


EQUITABLE    ESTOPPEL.  it 

showed  that  neither  party  intended  that  any  change  should  be 
made  in  the  ordinance  contract. 

The  City  Attorney  further  contended  that  as  the  Company 
had  not  expended  or  parted  with  any  money  or  other  thing  of 
value,  or  in  any  manner  changed  its  position  in  regard  to  the 
matter  involved,  by  reason  of  any  delay  of  the  City  in  objecting  to 
the  character  of  the  lights  furnished,  therefore,  the  City  was  not 
estopped  from  now  claiming  that  the  lights  did  not  fulfill  the 
terms  of  the  contract. 


References: 

Bouvier's  Law  Dictionary. 

Blackstone,  3  com.  308. 

Abbot's  Law  Dictionary. 

8  Cyclopedia  of  Pleading  and  Practice,  page  10. 

Lower  Co.  vs.  Lowden  Co.,  27  Colorado,  page  267. 

Birch  vs.  Steppler,  11  Colorado,  page  408. 

City  vs.  Kirk,  7  Colorado,  page  419. 

Shuman  vs.  Seymour,  24  N.  J.  Equity,  page  143. 

Strong  vs.  District  of  Columbia,  4  Mackay,  page  242. 


Answering  the  second  claim,  the  City  Attorney  held  that  the 
City  had  changed  its  Council  and  nearly  all  of  its  other  officers 
very  soon  after  the  beginning  of  service  by  the  Company.  That 
the  new  Council,  with  reasonable  promptness  after  being  organ- 
ized, expressed  dissatisfaction  with  the  lighting,  and  as  soon  as 
it  had  proof  that  the  lights  did  not  fulfill  the  contract,  withheld 
all  payments  to  the  Company,  and  hence,  the  City  acted  with 
such  promptness  that  it  was  not  barred  by  the  principle  of 
equitable  estoppel. 


References: 

Bigelow,  page  569. 

Birch  vs.  Steppler,  11  Colorado,  page  407. 

Araphoe  County  vs.  Denver,  30  Colorado,  page  13. 


23  ARBITRATORS'    AWARD. 

After  seriously  considering  the  matter,  the  Arbitrators  con- 
cluded, as  they  were  appointed  by  both  parties  to  the  con- 
troversy to  get  at  the  "real  right  of  the  matter"  without  too 
much  regard  for  legal  technicalities,  as  the  statute  providing 
for  arbitration  could  hardly  have  intended  a  tribunal  appointed 
thereunder  to  decide  matters  before  it  based  on  delicate,  legal  in- 
terpretations of  what  constituted  equitable  estoppel,  and  as  the 
legal  decisions  quoted  by  the  respective  attorneys  more  or  less 
contradicted  one  another,  and  certainly  did  not  clearly  establish 
an  exact  precedent  to  the  case  under  consideration,  that  there- 
fore they  were  safe  in  waiving  the  legal  claim  of  equitable 
estoppel  and  deciding  the  case  on  its  moral  merits. 

AWARD. 

Each  having  received  the  stenographic  records  and  having 
separately  considered  the  attorneys'  briefs,  the  arbitrators  recon- 
vened in  New  York  City  on  March  21st,  and  held  continuous  ses- 
sions, daily,  until  March  29th,  1907,  when  they  made  a  unanimous 
award,  in  favor  of  the  City,  to  the  amount  of  $7,123.67. 

In  taking  up  the  subject  before  them,  the  Arbitrators  con- 
sidered it  under  five  heads,  as  follows : 

I,  "Does  the  phrase  'Arc  lights  of  standard  2.000  candle- 
power  each'  mean  an  arc  lamp  giving  2,000  actual  candle-power, 
or  if  not,  what  was  the  generally  accepted  meaning  at  that  time?" 

As  all  the  experts  agreed  that  the  term,  2,000  candle-power 
light,  could  relate  only  to  a  direct,  constant-current,  series,  open 
arc  lamp  taking  not  less  than  9.6  amperes  and  consuming,  ap- 
proximately, 450  watts  at  the  arc,  the  Arbitrators  had  little  dif- 
ficulty in  concurring  with  them. 


ARBITRATORS'    AWARD.  iZ 

II.  "Do  the  arc  lights  which  the  Company  has  furnished,  when 
operated  under  normal  conditions,  come  within  the  meaning  of 
the  phrase,  'Arc  lights  of  standard  2,000  candle-power'?" 

The  uncontradicted  testimony  of  the  expert  witnesses  was  to 
the  effect  that  the  lights  furnished  by  the  Company  did  not  come 
within  the  meaning  of  this  phrase. 

III.  "If  the  lamps  furnished  by  the  Company,  when  operated 
under  normal  conditions,  have  not  fulfilled  the  requirements  of 
the  phrase  'Arc  lights  of  standard  2,000  candle-power,'  what  is 
the  extent  of  the  overcharge,  measured  in  dollars  and  cents,  due 
to  such  deficiency?" 

This  was  one  of  the  most  difficult  questions  to  be  answered 
by  the  Arbitrators.  By  reason  of  the  form  of  the  Arbitration 
Agreement,  and  because  of  the  contradictory  statements  made 
by  the  two  parties  to  said  Agreement,  the  Arbitrators  did  not  feel 
justified  in  making  an  award  based  on  the  ratio  of  candle-power 
of  the  two  lamps  under  consideration,  as  the  Attorney  for  the 
City  claimed  had  been  stipulated  in  the  Agreement  of  Arbitra- 
tion. The  testimony  of  the  witnesses  showed  that  while  the 
candle-power  of  the  light  called  for  under  the  terms  of  the  fran- 
chise was  very  much  in  excess  of  the  candle-power  of  the  light 
furnished  by  the  Company,  yet  the  enclosed  arc  lamp  had  certain 
compensating  advantages  as  compared  with  the  open  arc  lamp. 
Consequently,  the  Arbitrators  concluded  that,  in  determining  the 
"real  right  of  the  matter,"  candle-power  alone  could  not  fairly  be 
considered  by  them  in  fixing  the  lighting  damages  sustained.  The 
evidence  adduced,  indicated  the  7.5  ampere,  alternating,  series, 
enclosed,  arc  lamp  could  be  considered  as  giving  a  fair  equivalent 
for  the  light  stipulated  in  the  franchise.    The  difference  in  candle- 


i4  ARBITRATORS'    AWARD. 

power  between  this  7.5  ampere  and  the  6.6  ampere  lamp  of  the 
same  type  was,  according  to  the  testimony  of  the  experts,  about 
20  per  cent.,  which  figure  the  Arbitrators  decided  evaluated  the 
damages  due  the  City  from  the  use  of  said  lamps,  operated  nor- 
mally, in  place  of  the  lamps  implied  in  the  ordinance. 

IV.  "Was  the  service  which  the  Company  actually  furnished 
from  the  lamps  in  use,  such  as  might  reasonably  be  expected,  and, 
if  not,  what  was  the  overcharge,  expressed  in  dollars  and  cents 
due  to  defective  service?" 

During  a  portion  of  the  time  covered  by  the  controversy,  the 
Company  admitted  that  they  operated  their  lamps  below  normal, 
but  that  as  soon  as  practicable  after  their  attention  was  attracted 
to  the  condition  of  affairs,  they  increased  the  current  and  operated 
their  lamps  above  normal.  In  substantiation  of  this,  they  sub- 
mitted station  records  (See  Exhibits  M,  1-25),  from  which,  allow- 
ing proper  deductions  for  line  loss,  etc.,  they  figured  the  average 
wattage  consumed  per  lamp.  This  computed  wattage,  however, 
did  not  agree  with  the  wattage  actually  measured  from  a  test 
made  on  each  lamp  on  the  city  streets  (See  Exhibit  J),  the  dis- 
crepancy being  about  6}i  per  cent.  The  Arbitrators  therefore 
felt  justified  in  accepting  the  Company's  records  of  average  watt- 
age delivered  to  each  lamp,  less  6^4  per  cent.,  as  correct,  and  they 
determined  the  candle-power  at  said  wattage  by  means  of  the 
curves  made  from  tests  by  Prof.  Matthews,  showing  the  relation 
between  candle-power  and  wattage.  (See  Exhibits  Nos.  28  and 
29.)  Thus  the  candle-power  furnished  by  the  lamps  on  the 
streets,  operating  below  or  above  normal,  was  determined  from 
the  station  records  of  wattage,  and  said  candle-power  compared 
with  the  candle-power  of  a  lamp  operated  at  normal  wattage, 
expressed  in  per  cent.,  gave  the  means  of  determining  the  defici- 


ARBITRATORS'    AWARD,  25 

ency  or  excess  of  service  supplied,  compared  with  a  normal  lamp 
of  this  type.  Consequently,  the  monthly  amount  due  the  Com- 
pany under  the  terms  of  the  franchise  was  first  reduced  20  per 
cent,  to  secure  the  money  value  of  the  normal  6.6  ampere,  en- 
closed arc  light,  which  value  was  further  decreased  or  increased 
by  the  percentage  of  candle-power  the  lamps  in  operation  were 
below  or  above  their  normal. 

V.  "Was  the  City  estopped  from  claiming  any  refund?" 
Realizing  that  the  point  involved  was  a  very  important  legal 
question  which  had  not  been  brought  to  the  front  until  the  clos- 
ing arguments  of  the  attorneys,  the  Arbitrators  called  for  written 
briefs  from  the  attorneys.  After  carefully  studying  the  briefs  and 
informally  securing  disinterested,  legal  opinion  on  the  technical- 
ities involved,  the  Arbitrators  concluded  to  ignore  the  legal 
claims,  if  any,  and  settle  the  controversy  on  its  merits. 

The  Arbitrators  did  not  feel  that  either  party  to  the  controversy 
was  wholly  and  intentionally  responsible  for  the  continued  use  of 
the  6.6  ampere  lamps  for  the  first  fifteen  months  or  up  to  the  time 
the  City  refused  further  payments  therefore.  The  City  had  used 
and  paid  for  the  lamps  during  that  period  without  protest  and 
the  Company  had  furnished  a  light  inferior  to  what  was  required 
by  the  contract.  Consequently  the  Arbitrators  concluded  both 
parties  had  been  about  equally  in  the  wrong,  and  therefore,  al- 
lowed only  half, — 10  per  cent,  instead  of  20  per  cent. — reduction 
in  the  lighting  bills  already  paid,  believing  the  responsibility 
should  be  evenly  shared  by  both  parties.  During  the  period  in 
which  the  City  had  refused  payment  of  all  bills  and  had  formally 
protested  against  the  use  of  the  6.6  ampere  lamps,  the  Arbitrators 
concluded  the  Company  had  received  ample  notice,  and  since  it 
had  continued  supplying  a  light  inferior  to  the  contract  obligation 


26  AUTHOR'S    CONCLUSIONS. 

it  did  so  at  its  own  risk  and  hence  they  penalized  it  the  full  20 
per  cent,  for  normal  operation  during  this  period. 


CONCLUSIONS. 

The  Colorado  Springs  controversy  again  emphasizes  the  im- 
portance of  having  every  business  transaction  fully  and  promptly 
recorded  in  writing,  particularly  when  carried  on  with  public 
bodies,  which  are  continually  changing  their  personnel.    Failure 
in  this  particular  was  the  flaw  in  the  argument  of  the  Pike's  Peak 
Hydro-Electric  Company,  that  the  light  from  the  6.6  ampere,  en- 
closed, alternating-current,  arc  lamp  had  been  accepted  as  an 
equivalent  to  that  required  under  the  Jackson  franchise.     Any 
such  interpretation  of  the  franchise  should  at  least  have  been  in- 
corporated in  the  Resolution  passed  by  the  City  Council,  January 
16,  1905  (Exhibit  No.  46).    It  will  be  noticed  that  this  Resolution 
authorized  several  modifications  in  the  service  contracted  to  be 
rendered  the  City  by  the  Electric  Company,  and  if  the  Council  in- 
tended accepting  the  6.6  ampere,  series,  alternating-current  lamp, 
as  fulfillment  of  the  contract,  there  should  have  been  little  diffi- 
culty in  incorporating  a  clause  in  the  Resolution  legalizing  this 
substitution. 

The  controversy  illustrates  the  amazing  neglect  of  bodies,  con- 
stituted to  represent  the  public,  in  determining  important  mat- 
ters without  proper  expert  advice.  The  Jackson  franchise,  antic- 
ipating the  expenditure  of  several  hundred  thousand  dollars  for 
electric  lighting,  was  drawn  without  complete  knowledge  as  to 
what  was  desired  or  provided  by  its  terms,  with  the  too  frequent 
result  that  the  controversy,  over  the  interpretation  of  the  clause 


AUTHOR'S    CONCLUSIONS.  27 

in  question,  cost  the  City  several  thousands  of  dollars,  besides 
dissatisfaction  and  ill  feeling  on  both  sides. 

The  advantages  of  having  a  technically  educated  tribunal  to 
get  at  the  "real  right"  of  an  engineering  matter,  v^ithout  undue 
regard  for  purely  legal  points  or  procedure,  are  too  apparent  to 
need  emphasis.  The  attorneys  for  both  parties  to  the  case  were 
the  only  ones  who  felt  called  upon  to  apologize  for  their  perfectly 
pardonable  lack  of  knowledge  of  the  terms  and  details  involved, 
which  they  frankly  did. 

The  Agreement  of  Arbitration  was  defective  in  the  following : 

(a)  If  it  had  been  agreed,  by  both  parties  to  the  arbitration, 
that  monetary  award  should  be  made  on  the  basis  of  candle- 
power  furnished,  to  that  called  for  in  the  Jackson  franchise,  it 
was  not  clearly  so  set  forth  in  the  Agreement. 

(b)  The  Agreement  provided,  only,  for  a  settlement  of  dam- 
ages for  defective  lighting  up  to  the  time  of  beginning  the  hear- 
ings. It  made  no  provision  for  a  decision  or  recommendation 
by  the  Arbitrators,  as  to  the  form  of  lighting  to  be  furnished 
for  the  remainder  of  the  life  of  the  franchise.  The  result  has 
been  that  up  to  the  present,  the  City  has  absolutely  declined  to 
make  further  payment  to  the  Company  for  lights  furnished  since 
January,  1907.  The  Company  does  not  want  to  revert  to  the 
use  of  the  old,  open,  direct-current  arc  lamp  and  has  been  unable 
to  get  the  City  representatives  to  commit  themselves  to  the  use  of 
any  other  particular  lamp,  as  satisiactory. 

(c)  The  clause  of  the  x-\greement  allowing  either  party  to  the 
controversy  to  introduce  "all  and  every  kind  of  evidence  that  it 
may  desire,  etc.,"  was  too  liberal.  It  resulted  in  repetition  and 
undue  prolongation  of  the  hearings,  which  the  Arbitrators  were 


28  AUTHOR'S    CONCLUSIONS. 

powerless  to  prevent  owing  to  this  express  stipulation  in  the 
contract  under  which  they  were  appointed. 

It  has  been  made  clear,  as  a  result  of  this  arbitration,  that  in 
the  future  American  municipalities  will  not  pay  full  price  for  in- 
ferior service.  Usually  lighting  companies  have  not  been  accus- 
tomed to  make  any  reduction  from  their  bills  unless  street  lamps 
are  extinguished ;  but  the  Colorado  Springs  Award  has  demon- 
strated that  a  company  is  responsible  for  damages  accruing  from 
not  keeping  its  lamps  burning  at  normal  brillancy. 

The  controversy  emphasized  the  recent  development  of  thought 
in  the  art  of  lighting  by  distinguishing  the  relation  between 
candle-power  and  illumination.  The  Arbitrators,  in  determining 
the  "real  right  of  the  matter,"  were  unwilling  to  consider  only  the 
candle-power — maximum,  mean-spherical,  or  mean-hemispherical 
— in  comparing  the  light  of  the  franchise  with  that  actually  fur- 
nished. Although  not  wholly  complete,  the  expert  testimony  in- 
dicated that,  as  ordinarily  operated  in  America,  the  street  illumi- 
nating service  rendered  by  a  7.5  ampere,  alternating-current, 
series,  enclosed  arc  lamp  was  about  as  satisfactory  as  that  by  a 
9.6  ampere,  direct-current,  series,  open  arc  lamp. 

The  expenditure  of  money,  time  and  energy  involved  in  in- 
terpreting the  Jackson  franchise  will  probably  never  be  all 
directly  repaid  the  City  of  Colorado  Springs  or  the  Pike's  Peak 
Hydro-Electric  Company,  but  if  the  information  and  experience 
there  evolved  can  indicate  how  to  avoid  in  the  future  similar  con- 
troversies over  arc  lighting  contracts,  the  whole  electrical  frater- 
nity has  benefited  immensely. 


WITNESSES.  29 


WITNESSES  FOR  THE  PLAINTIFF. 


ADAMS,  ALTON  D., 

Consulting  Engineer  and  Statistican,  Worcester,  Mass. 

Member  American  Institute  of  Electrical  Engineers. 
ARMSTRONG,  J.  R., 

Professor  of  Electrical  Engineering,  Colorado  College,  Colo- 
rado Springs,  Colo. 
BELL,  LOUIS, 

Consulting  Electrical  Engineer  and  Electrical  Expert,  Bos- 
ton, Mass. 

Member  American  Institute  of  Electrical  Engineers. 

President  Illuminating  Engineering  Society. 
MACMILLAN,  K.  M., 

City  Clerk  of  Colorado  Springs,  Colorado  Springs,  Colo. 
McINTYRE,  W.  H., 

Ex-Member  City  Council,  Colorado  Springs,  Colo. 
MARKS,  LOUIS  B., 

Consulting  Illuminating  Engineer,  New  York  City. 

Member  American  Institute  of  Electrical  Engineers. 

Ex-President  Illuminating  Engineering  Society. 

Member  New  York  Electrical  Society. 
♦MATTHEWS,  CHAS.  P., 

Professor  of  Electrical  Engineering,  Purdue  University,  La- 
fayette, Ind. 

Member  American  Institute  of  Electrical  Engineers. 
ROUSE,  VAN  E., 

Ex-Member  City  Council,  Colorado  Springs,  Colo. 
SHEDD,  JOHN  C, 

Dean  of  College  Letters  and  Science,  Westminster  Univer- 
sity, Denver,  Colo. 

Professor  of  Physics,  Colorado  College,  Colorado  Springs, 
Colo.,  1900-1907. 

Member  American  Physical  Society. 

Member  Illuminating  Engineering  Society. 
STRIEBY,  WILLIAM, 

Professor  of  Chemistry,  Colorado  College,  Colorado  Springs, 
Colo. 
TAFF,  GEO.  A., 

Consulting  Engineer,  Colorado  Springs,  Colo. 

Manager  and   Engineer  Pike's   Peak  Hydro-Electric   Com- 
pany, 1902-1907. 
*Died  at  Phoenix,  Arizona,  Nov.  23rd,  1907. 


30  WITNESSES. 

WITNESSES  FOR  THE  DEFENDANT. 


DILLON,  E.  P., 

General  Manager  the  Pike's  Peak  Hydro-Electric  Company, 
Colorado  Springs,  Colo. 

Electrical    Engineer,   Colorado   Springs   Electric   Company, 
1903-1907. 

Associate    Member    American    Institute    of    Electrical    En- 
gineers. 

Associate  Member  National  Electric  Light  Association. 
HUMPHREY,  C.  W., 

Consulting  and  Designing  Engineer,  Chicago,  111. 

Engineer  Northern  Colorado  Power  Company,  1906-1907. 

Associate    Member    American    Institute    of    Electrical    En- 
gineers. 

Associate  Member  American  Society  Mechanical  Engineers. 
LAWLER,  J.  C, 

Electrical  Engineer  Colorado  Springs  Electric  Co.,  Colorado 
Springs,  Colo. 

Assistant  Electrical  Engineer  Colorado  Springs  Electric  Co., 
1 906- 1 907. 

Associate    Member    American    Institute    of    Electrical    En- 
gineers. 

Associate  Member  National  Electric  Light  Association. 
RYAN,  W.  D'ARCY, 

Illuminating  Engineer  for  General  Electric  Co.,  West  Lynn, 
Mass. 

Associate    Member    American    Institute    of    Electrical    En- 
gineers. 

Member  Illuminating  Engineering  Society. 
SCHUCHARDT,  R.  F., 

Assistant  to  Electrical  Engineer,  Commonwealth  Edison  Co., 
Chicago,  111. 

Associate    Member    American    Institute    of    Electrical    En- 
gineers. 

Member  Illuminating  Engineering  Society. 

Member  Western  Society  of  Engineers. 
TAFF,  GEO.  A., 

Consulting  Engineer,  Colorado  Springs,  Colo. 

Manager  and   Engineer  Pike's   Peak  Hydro-Electric   Com- 
pany, 1902- 1907. 
TRIPP,  G.  B., 

Associated  with  Curtis  &  Hine,  Colorado  Springs,  Colo. 

General  Manager  Colorado  Springs  Electric  Company,  1901- 
1906. 

President  Colorado  Electric  Light,  Power  and  Ry.  Ass'n. 


HEARINGS  AND   WITNESSES. 


31 


DATES    OF    HEARINGS    AND    WITNESSES. 


February  i.     Morning, 
"      Afternoon, 


2.  Morning, 

"      Afternoon, 
"      Evening, 

3.  Sunday. 

4.  Morning, 
Afternoon, 


Morning, 


Afternoon, 
Morning, 
Afternoon, 
Morning, 


Afternoon, 
Evening, 


Organization 116 

Mr.  K.  M.  MacMillan 116 

Mr.  Van  E.  Rouse 117 

Mr.  W.  H.  Mclntyre 119 

Prof.  J.  C.  Shedd 121 

"         "          "       continued 124 

Prof.  C.  P.  Matthews 133 

Prof.  J.  C.  Shedd,  Lecture 146 

Mr.  L.  B.  Marks 148 

"         "           "        continued 163 

Mr.  A.  D.  Adams 168 

Mr.  L.  B.  Marks,  recalled 173 

Dr.  Louis  Bell 174 

"      continued 183 

Mr.  A.  D.  Adams,  recalled 185 

Mr.  G.  A.  Taff 187 

Prof.  J.  R.  Armstrong 188 

Prof.  William  Strieby 189 

Mr.  W.  D'Arcy  Ryan 192 

"       "           "           "     continued....  208 

"       "           "           ..             w  218 

"       "           "           "             •*         ....  228 

Mr.  C.  W.  Humphrey 230 

Mr.  J.  C.  Lawler 234 

Mr.  E.  P.  Dillon 241 

"         "          "       continued 244 

Mr.  R.  F.  Schuchardt 257 

Mr.  George  B.  Tripp 261 

Mr.  George  A.  TaflF 266 

Mr.  R.  F.  Schuchardt  recalled 271 


32  HEARINGS  AND  WITNESSES. 

February  8.     Morning,     Mr.  K.  M.  MacMillan,  in  rebuttal. .  272 

Prof.  J.  C.  Shedd,           "        "       . .  273 
Dr.  Louis  Bell,                "        "       ..277 
Mr.  W.  D'Arcy  Ryan,   "        "       ..  283 
"         "      Afternoon,  Mr.  W.  C.  Robinson,  Initial  sum- 
ming up  for  Plaintiff 285 

Mr.  K.  C.  Schuyler,  Closing  argu- 
ment for  Defendant 293 

"            Mr.  W.  C.  Robinson,  Closing  argu- 
ment for  Plaintiff 303 


JACKSON    FRANCHISE.  33 


EXHIBIT  NO.  I. 

THE   ORDINANCE   OF   COLORADO   SPRINGS   GRANT- 
ING A  FRANCHISE  TO  GEO.  W.  JACKSON. 

AN  ORDINANCE,  granting  to  George  W.  Jackson,  his  as- 
sociates or  assigns,  the  use  of  water  power,  right  of  way  and  the 
right  to  lay  underground  conduits  and  wire  cables,  to  construct 
manholes  and  to  erect  poles  and  wires  on  the  streets  and  alleys 
and  upon  the  property  of  the  City  of  Colorado  Springs. 

BE  IT  ORDAINED  by  the  City  Council  of  the  City  of  Colo- 
rado Springs,  Colorado : 


Section  i.  From  and  after  the  date  of  the  passage  of  this 
Ordinance  and  for  the  full  and  complete  period  of  twenty-five  (25) 
years,  George  W.  Jackson,  of  Colorado  Springs,  El  Paso  County, 
Colorado,  his  associates  or  assigns,  shall  have,  and  are  hereby 
granted,  the  right,  privilege  and  license  to  lay,  construct  and 
maintain  underground  conduits,  cables  and  wires  and  to  construct 
necessary  manholes  and  make  connections  therewith  (and  outside 
©f  the  fire  limits  of  the  City  of  Colorado  Springs,  as  the  same  shall 
be  constituted  at  the  time  of  the  passage  of  this  Ordinance,  to 
erect  such  poles,  wires  and  appliances)  as  may  be  necessary  for 
the  transmission  and  sale  to  the  City  of  Colorado  Springs  and  the 
citizens  thereof  or  others  within  or  without  the  corporate  limits 
of  said  city,  of  electricity  for  electrical  power,  and  for  the  trans- 
mitting and  conducting  of  other  wires,  cables  and  pneumatic 
tubes,  in  and  through  the  streets  and  alleys  of  the  City  of  Col- 
orado Springs,  or  any  extension  or  additions  thereto,  and  as  now 
described,  or  as  the  same  may  be  hereafter  described ;  and  to  oper- 
ate the  same  for  the  purposes  herein  set  forth,  and  the  said 
George  W.  Jackson,  his  associates  or  assigns,  shall  have  the  right 
to  rent  space  to  others  in  said  underground  conduits  if  he  shall 
desire. 

PROVIDED,  however,  that  no  pole  or  poles  or  other  fixtures 
shall  be  placed  where  the  same  will  interfere  with  any  gas  lamp, 
electric  light,  or  water  hydrant,  nor  shall  any  such  pole  or  poles 
be  placed  in  a  street  except  at  the  outer  edge  of  the  sidewalk,  or 
in  any  alley  except  close  to  the  line  of  the  lot  abutting  on  said 
alley,  and  then  in  such  a  manner  as  not  to  interfere  with  vehicles 


34  JACKSON    FRANCHISE. 

passing  through  such  alley,  or  with  other  necessary  use  of  the 
same. 

Section  2.  Also  from  and  after  the  passage  hereof  and  dur- 
ing the  period  of  twenty-five  years  thereafter  the  right  to  con- 
struct, maintain  and  operate  on  any  land  belonging  to  or  con- 
trolled by  the  City  of  Colorado  Springs,  or  which  may  hereafter 
be  acquired  by  it,  at  points  most  feasible  for  the  construction, 
maintenance  and  operation  thereof,  or  upon  land  now  acquired, 
or  hereafter  acquired,  by  the  said  George  W.  Jackson,  his  associ- 
ates or  assigns,  and  along,  by  and  through  the  land  and  right  of 
way  of  all  streams,  reservoirs,  flumes,  ditches,  pipe  lines  and  con- 
duits, belonging  now  or  hereafter  to  the  water  system  of  said 
city  and  controlled  by  it ;  pipe  lines,  conduits,  power  houses  and 
plants  for  the  purpose  of  generating  by  water  power,  and  trans- 
mitting electricity  to  be  used  for  electrical  purposes,  and  the 
right  to  utilize  and  divert  for  the  generation  of  such  power  all  the 
water  of  any  streams,  ditches,  flumes,  pipe  lines,  conduits,  and 
reservoirs,  belonging  to  the  water  system  of  said  city,  or  con- 
trolled by  it  now  or  hereafter ;  also  the  right  during  said  term  to 
construct,  maintain  and  operate  dams  and  reservoirs  on  said  lands 
of  said  city,  and  to  erect,  construct  and  maintain  on  said  lands  of 
said  city  all  necessary  poles,  wires  and  underground  conduits, 
cables  and  manholes  for  the  transmission,  transfer  and  delivery  of 
said  electrical  power  and  to  take  and  use  from  said  lands  such 
earth,  stone,  and  dead  timber  as  may  be  necessary  for  the  con- 
struction and  maintenance  of  said  power  houses,  reservoirs, 
plants  and  dams;  provided,  the  use  of  said  water  shall  neither 
diminish  the  flow  thereof,  nor  pollute  the  same,  and  that  all  water 
diverted  from  the  water  system  of  said  city  shall  be  returned 
thereto  by  the  said  George  W.  Jackson,  his  associates  or  assigns, 
unimpaired ;  nor  shall  said  water  be  permitted  to  be  polluted  by 
others  owning,  controlling,  or  having  charge  of  the  said  power 
houses,  plants  and  conduits. 

PROVIDED,  further,  that  the  City  of  Colorado  Springs 
hereby  does  and  always  shall  reserve  to  itself  the  right  and 
authority  to  determine  and  declare  what  constitutes  pollution  or 
waste  of  said  waters. 

PROVIDED,  further,  that  the  said  City  of  Colorado  Springs 
does  not  guaranty  nor  agree  to  furnish  any  specified  quantity  or 
flow  of  water  from  the  water  system  belonging  to  the  said  city. 

PROVIDED,  further,  that  nothing  in  this  franchise  shall  be 
construed  as  granting  to  the  said  George  W.  Jackson,  his  asso- 
ciates or  assigns,  the  right  to  place  any  poles  in  any  of  the 
public  parks  of  the  City  of  Colorado  Springs;  and 

PROVIDED,  further,  that  this  franchise  is  granted  subject  to 
the  rights,  if  any,  of  The  Manitou  and  Pike's  Peak  Railway  Com- 
pany, in  a  certain  pipe  line,  by  virtue  of  a  certain  contract  be- 


JACKSON    FRAiXCHISB.  35 

tween  the  City  of  Colorado  Springs  and  the  said  railway  com- 
pany, dated  September  22d,  1891. 

AND  PROVIDED,  further,  that  nothing  in  this  Ordinance 
shall  be  construed  so  as  to  conflict  with  any  of  the  rights  or  priv- 
ileges granted  in  a  certain  franchise  to  Irvine  Howbert,  Trustee, 
his  associates  and  assigns. 

PROVIDED,  however,  that  nothing  in  this  Ordinance  shall 
be  construed  as  permitting  the  said  George  W.  Jackson,  his  asso- 
ciates or  assigns,  to  do  any  act  which  will  interfere  with  the  suc- 
cessful operation  of  the  gravity  system  of  water  works  of  the 
City  of  Colorado  Springs. 

Section  3.  The  said  George  W.  Jackson,  his  associates  or 
assigns,  shall  construct  and  maintain  at  their  own  expense  from 
Lake  Moraine  to  some  point  in  the  Town  of  Manitou,  a  twentv 
1 20)  inch  water  pipe  of  an  approved  make  and  of  sufficient 
strength  to  stand  the  necessary  pressure;  said  pipe  to  be  subject 
to  the  approval  of  some  competent  engineer  to  be  appointed  by 
the  City  Council  of  the  City  of  Colorado  Springs;  and  its  con- 
struction and  installation  to  be  under  his  superintedence,  and 
subject  to  his  approval ;  said  pipe  and  the  water  therein  shall  be 
used  by  the  said  George  W.  Jackson,  his  associates  or  assigns, 
for  the  purpose  of  generating  power. 

PRO^^DED,  that  the  City  of  Colorado  Springs  shall  during 
the  term  of  this  grant  allow  so  much  of  the  water  of  its  water 
system  to  pass  through  the  pipe  lines  constructed  or  acquired 
by  the  said  George  W.  Jackson,  his  associates  or  assigns,  as  they 
shall  desire,  providing  the  same  can  be  done  consistently  with  the 
proper  operation  of  its  water  works  system. 

Section  4.  The  privilege  and  license  hereby  granted  and  the 
construction  of  the  said  underground  conduits  and  pole  lines 
shall  at  all  times  be  subject  to  such  police  power,  reasonable 
dominion  and  regulations  as  the  City  Council  of  the  City  of 
Colorado  Springs  may  by  resolution  or  ordinance  hereafter  pio- 
vide,  and  the  said  City  Council  of  said  city  reserves  to  itself  the 
right  to  require  the  said  George  W.  Jackson,  his  associates  or 
assigns,  at  any  time  to  elevate  or  lower  the  wires  connected  with 
any  pole  line  constructed  hereunder  at  any  place  in  said  city  to 
such  height  above  the  surface  of  the  street  as  it  may  deem  neces- 
sary, which  right  may  be  exercised  by  the  said  City  Council  by 
resolution  prescribing  the  height  of  the  lowest  wire  above  the 
surface  of  the  street  in  any  specified  locality. 

Section   5.     Before  constructing  any  portion  of  the  work 
hereby  authorized,  the  said  George  W.  Jackson,  his  associates  or. 
assigns,  shall  file  with  the  City  Engineer  a  plan  showing  the  loca- 
tion  and   character  of  the   proposed   work,   and   all   such   work 
within  the  corporate  limits  of  the  City  of  Colorado  Springs  shall 


36  JACKSON    FRANCHISE,. 

be  performed  under  the  supervision  of  the  City  Engineer  of  the 
City  of  Colorado  Springs. 

Section  6.  In  every  underground  conduit  constructed  by  the 
said  George  W.  Jackson,  his  associates  or  assigns,  and  upon 
every  pole  erected,  sufficient  and  necessary  space  shall  be  re- 
served for  the  fire  departments  and  the  police,  telephone  and  tele- 
graph wires  novv^  belonging  to,  or  that  may  hereafter  belong,  to 
the  City  of  Colorado  Springs,  and  the  fire  and  police  depart- 
ments by  their  representatives  shall  be  allowed  free  access  to 
said  underground  conduits  and  poles  upon  application  to  the  said 
George  W.  Jackson,  his  associates  or  assigns,  and  shall  be 
allowed  facilities  and  privileges  in  putting  in  or  taking  out 
wires,  equal  in  all  respects  to  those  of  the  said  George  W. 
Jackson,  his  associates  or  assigns. 

Section  7.  The  said  George  W.  Jackson,  his  associates  or 
assigns,  shall  remove  their  pole  lines  and  overhead  wires 
within  the  corporate  limits  of  the  City  of  Colorado  Springs,  and 
shall  replace  the  same  by  underground  wires  and  conduits. 

Section  8.  Nothing  in  this  Ordinance  shall  be  construed  as 
authorizing  the  said  George  W.  Jackson,  his  associates  or  as- 
signs, to  lay  such  conduits  or  to  erect  such  poles  over  or  on  any 
private  property. 

Section  9.  The  said  George  W.  Jackson,  his  associates  or 
assigns,  shall  within  one  year  after  the  completion  of  the  Strick- 
ler  Tunnel  and  during  the  remainder  of  the  term  of  this  grant, 
furnish  to  the  City  of  Colorado  Springs  such  arc  lights,  of 
standard  2,000  candle-power  each,  as  may  be  required  by  the 
city  for  the  purpose  of  lighting  its  streets,  alleys  and  public 
grounds  at  the  rate  of  five  dollars  and  fifty  cents  ($5.50)  per 
light  per  month,  said  lights  to  be  used  from  sunset  to  sunrise 
during  each  and  every  day  of  each  and  every  month ;  also,  free 
of  cost,  such  arc  and  incandescent  lights  as  may  be  required  by 
the  said  city  not  exceeding  five  arc  lights  of  2,000  candle-power 
each  and  200  incandescent  lights  of  16  candle-power  each,  or  the 
equivalent;  also,  free  of  cost,  such  electrical  power,  to  be  deliv- 
ered at  such  points  in  the  City  of  Colorado  Springs,  as  the  city 
may  specify,  as  may  be  necssary  for  use  by  said  city  for  muni- 
cipal purposes,  said  power  not  to  exceed  fifty  (50)  horse-power; 
and  will  at  all  times  during  the  term  of  this  grant  furnish  to  the 
said  city  such  other  power  as  may  be  required  for  municipal  pur- 
poses at  the  same  prices  that  are  paid  by  the  most  favored  cus- 
tomer of  the  said  George  W.  Jackson,  his  associates  or  assigns. 
Provided,  the  said  city  shall  give  the  said  George  W.  Jackson,  his 
associates  or  assigns,  ninety  (90)  days'  notice  of  its  intention  to 
use  any  of  said  power  in  excess  of  50  horse-power,  and  the 
amount  required. 

Section    10.     The   construction   of   the   power   houses   and 


JACKSON    FRANCHISE.  37 

plants  to  be  erected  and  installed  by  the  said  George  W.  Jackson, 
his  associates  or  assigns,  may  be  commenced  at  any  time  after 
the  granting  of  this  franchise,  but  shall  be  commenced  within 
thirty  (30)  days  after  the  completion  of  the  Strickler  Tunnel  and 
the  acceptance  thereof  by  the  City  of  Colorado  Springs,  and  the 
same  shall  be  properly  installed  and  in  such  working  order  and 
condition  that  the  owner,  manager  or  controller  shall  furnish  arc 
and  incandescent  lights  and  power  to  the  said  City  of  Colorado 
Springs,  upon  the  terms  and  conditions  hereinabove  set  out,  not 
later  than  one  year  from  and  after  the  completion  of  the  Strickler 
Tunnel  an3  the  acceptance  thereof  by  the  City  of  Colorado 
Springs ;  and  that  thereafter  the  said  George  W.  Jackson,  his 
associates  or  assigns,  shall  make  any  necessary  provisions  to 
insure  to  the  city  at  all  times,  when  required,  sufficient  power 
for  the  lights  of  the  said  city  and  power  for  its  municipal  pur- 
poses as  hereinabove  provided ;  and  it  is  also  provided  that  if  the 
said  George  W.  Jackson,  his  associates  or  assigns,  shall  fail  to 
commence  the  construction  of  the  plants  and  power  houses 
within  the  time  herein  prescribed,  or  shall  fail  to  furnish  to  the 
said  city  the  said  lights  and  power  as  hereinabove  provided  by 
and  at  the  time  designated,  or  shall  at  any  time  thereafter  fail 
to  furnish  said  lights  and  power  as  herein  provided,  then  all  the 
rights  and  privileges  herein  and  hereunder  shall  and  will  become 
null  and  void,  and  the  same  shall  revert  to  the  City  of  Colorado 
Springs  unless  the  said  George  W.  Jackson,  his  associates  or 
assigns,  shall  be  restrained  or  enjoined  by  some  bona  fide  pro- 
ceeding in  law  or  equity,  or  prevented  by  unusual  casualty,  fire, 
lightning,  storms,  or  act  of  God. 

Section  11.  An  electrical  plant  sufficient  for  generating  the 
electricity  for  furnishing  the  lights  and  power  required  by  the 
City  of  Colorado  Springs,  as  provided  in  Section  9  hereof;  also 
any  transforming  station,  wires,  cables  and  pole  lines  and  other 
improvements,  which  may  be  built  by  the  said  George  W.  Jack- 
son, his  associates  or  assigns,  for  the  purpose  of  transforming 
and  delivering  the  electricity  necessary  for  furnishing  electric 
lights  to  the  said  City  of  Colorado  Springs ;  also  the  pipe  line  to 
be  built  by  the  said  George  W.  Jackson,  his  associates  or  assigns, 
hereinabove  provided  for,  together  with  a  right  of  way  sufficient 
for  maintenance,  repairs,  and  renewals  thereof,  shall  at  the  ex- 
piration of  this  grant  revert  to  and  become  the  property  of  the 
said  City  of  Colorado  Springs. 

Section  12.  The  rights  and  privileges  hereby  granted  shall 
continue  for  the  period  of  twenty-five  (25)  years,  and  shall  ex- 
tend to  all  the  avenues,  streets,  and  alleys  of  the  said  City  of 
Colorado  Springs,  and  to  all  extensions  of  the  same,  and  to  all 
lands  of  the  said  city  under  the  terms  and  provisions  of  this  Ordi- 


3^  JACKSON    FRANCHISE. 

nance  and  subject  to  the  conditions  and  limitations  herein  con- 
tained. 

Section  13.  After  the  commencement  of  work  hereunder 
there  shall  be  appointed  annually  by  said  city  a  supervisor,  whose 
duties  will  be  to  oversee,  control  and  patrol  and  have  full  and 
complete  authority  over  that  part  of  the  water  works  system 
affected  by  this  grant,  and  it  shall  be  the  duty  of  said  supervisor 
to  prevent  any  pollution  of  the  water  of  the  water  system  of  the 
city,  and  to  protect  the  interests  and  property  of  the  said  city,  and 
the  said  George  W.  Jackson,  his  associates  and  assigns,  shall 
compensate  the  said  city  for  the  reasonable  expenses  of  the  said 
supervisor. 

Section  14.  This  franchise  is  subject  to  the  express  condi- 
tion that  the  said  George  W.  Jackson,  his  associates  or  assigns, 
shall  within  the  period  of  fifteen  (15)  months  from  and  after  the 
date  of  the  passage  of  this  ordinance,  complete  the  Strickler  Tun- 
nel in  accordance  with  the  specifications  in  a  certain  agreement 
made  and  entered  into  December  27th,  1895,  between  the  City  of 
Colorado  Springs,  party  of  the  first  part,  and  Wilson  and  Jack- 
son, of  Chicago,  Illinois,  parties  of  the  second  part,  and  any  ex- 
tensions and  modifications  which  have  heretofore  been  made,  or 
may  be  hereafter  made  thereto,  and  a  failure  of  the  said  George 
W.  Jackson,  his  associates  or  assigns,  to  complete  said  tunnel 
as  above  provided,  within  the  time  provided,  shall  render  this 
franchise,  and  all  the  rights  and  privileges  granted  hereunder, 
null  and  void,  and  the  same,  together  with  all  pipes,  pipe  lines, 
power  houses,  plants,  underground  conduits,  pole  lines  and  other 
improvements  which  may  be  built  or  erected  hereunder,  shall 
revert  to  the  City  of  Colorado  Springs. 

Section  15.  And  the  said  George  W.  Jackson,  his  associates 
or  assigns,  shall,  before  they  enter  upon  the  enjoyment  of  the 
franchise  and  ordinance  herein  granted,  execute  and  deliver  to 
the  City  of  Colorado  Springs  a  bond  in  the  penal  sum  of  fifteen 
thousand  (15,000)  dollars,  with  surety  to  be  approved  by  the 
City  Council  of  said  city,  conditioned  that  they  will  assume  all 
damages  for  personal  or  other  injuries  that  may  occur,  either  lo 
private  individuals  or  corporations,  as  well  as  to  the  City  of 
Colorado  Springs,  holding  the  said  City  of  Colorado  Springs 
harmless  from  any  damages  from  pollution  or  waste  of  water, 
electrolysis,  or  otherwise  occasioned  by  the  granting  of  this  fran- 
chise or  by  their  operations  thereunder,  or  from  any  damages 
occasioned  by  the  negligence  or  want  of  care  on  the  part  of  the 
said  George  W.  Jackson,  his  associates  or  assigns,  in  constructing 
and  maintaining  any  of  the  plants  or  appliances  herein  provided 
for. 

Section  16.  It  is  further  provided  that  if  at  the  expiration  of 
this  grant,  to  wit :   the  term  of  twenty-five  (25)  years,  it  is  de- 


JACKSON    FRANCHISE.  39 

sired  by  the  said  George  W.  Jackson,  his  associates  or  assigns,  to 
accept  a  new  grant  from  the  said  City  of  Colorado  Springs,  of 
like  and  similar  rights  and  privileges,  and  for  a  period  which  may 
then  be  agreed  npon.  a  grant  will  then  be  given  to  the  said 
George  W.  Jackson,  his  associates  or  assigns,  in  conformance 
with  such  conditions  as  the  then  City  Council  may  then  provide, 
and  which  they  may  then  conclude  to  be  wise  and  for  the  best 
interests  of  the  City  of  Colorado  Springs. 

Passed  September  8th,  A.  D.  1898. 

(Signed)      M.  B.  IRVINE,  Mayor. 

Attest  * 

(Signed)      I.  S.  HARRIS,  City  Clerk. 
[Seal  of  City  of 
Colorado  Springs.] 


STATE  OF  COLOADO       ) 
COUNTY  OF  EL  PASO       P^' 

I,  K.  M.  MacMillan,  Clerk  of  the  City  of  Colorado  Springs, 
County  and  State  aforesaid,  do  hereby  certify  that  the  above  and 
foregoing  is  a  true  and  correct  copy  of  an  ordinance  entitled, 
"AN  ORDINANCE,  GRANTING  TO  GEORGE  W.  JACK- 
SON, HIS  ASSOCIATES  OR  ASSIGNS,  THE  USE  OF 
WATER  POWER,  RIGHT  OF  WAY  AND  THE  RIGHT 
TO  LAY  UNDERGROUND  CONDUITS,  AND  WIRE 
CABLES,  TO  CONSTRUCT  MANHOLES  AND  TO  ERECT 
POLES  AND  WIRES  ON  THE  STREETS  AND  ALLEYS 
AND  UPON  THE  PROPERTY  OF  THE  CITY  OF  COLO- 
RADO SPRINGS,"  passed  September  8,  1898,  as  it  now  appears 
in  the  records  and  files  of  my  office. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and 
afifixcd  the  seal  of  the  City  this  thirty-first  day  of  January,  A.  D., 
1907. 

(Signed)  K.  M.  MACMILLAN, 

City  Clerk. 
[SEAL] 


40  PRELIMINARY    ARBITRATION    AGREEMENT. 

EXHIBIT  NO.  2. 

PRELIMINARY  ARBITRATION  AGREEMENT. 

AGREEMENT  made  this  12th  day  of  June,  1906,  between  the 
City  of  Colorado  Springs,  party  of  the  first  part,  and  the  Pike's 
Peak  Hydro-Electric  Company,  a  corporation  of  Colorado,  (here- 
inafter termed  the  "Company"),  party  of  the  second  part. 

1.  Any  claim  by  the  City  for  damages  for  waste  of  water  by 
the  Company  in  the  past  shall  be  submitted  to  arbitration  under 
the  statutes, 

2,  Segregation  shall  be  made  by  the  Company  as  speedily  as 
practicable  of  Company's  system  and  City's  system  according  to 
plans  to  be  approved  by  the  City  Engineer  and  the  Company's 
engineer,  or,  in  case  of  their  disagreement,  by  engineer  to  be 
selected  by  the  other  two;  these  plans  to  cover  return  of  all 
water,  including  vent  water,  to  the  City's  system,  and  to  be 
along  the  following  general  lines : 

The  Company  will  disconnect  its  twenty-inch  pipe  line  from 
the  City's  fourteen-inch  main  and  extend  its  twenty-inch  pipe 
line  to  some  convenient  point  in  Ruxton  Park,  where  it  will  con- 
struct a  main  intake  of  over  a  million  gallons  capacity,  properly 
protected  from  pollution,  so  arranged  that  any  overflow  from 
said  intake  will  pass  into  the  City's  fourteen-inch  main  near 
that  intake. 

Above  that  intake  the  Company  will  construct  a  sandbox,  into 
which  water  will  be  conducted  by  City's  fourteen-inch  main  from 
present  intake  on  main  Ruxton. 

The  Company  will  disconnect  its  eight-inch  pipe  in  South  Rux- 
ton from  the  City's  pipe  and  extend  it  to  connect  with  said 
twenty-inch  pipe  extension,  leaving  unused  by  the  Company  the 
City's  eight-inch  pipe  from  its  old  or  lower  intake  on  South  Rux- 
ton down  to  connection  with  the  City's  fourteen-inch  main,  so 
that  the  City  can  take  into  its  own  system  any  water  passing 
the  Company's  intake  on  South  Ruxton. 

The  Company  will  collect  any  water  escaping  from"  the  vent 
in  its  present  twenty-inch  pipe  and  deliver  it  by  pipe  to  the 
City's  system. 


PRELIMINARY    ARBITRATION    AGREEMENT.  41 

The  expense  of  the  umpire  engineer,  if  required,  shall  be  borne 
by  the  City  and  Company  equally. 

The  engineers  shall  determine  in  like  manner  whether  such 
segregation  is  being  eflFected  as  speedily  as  practicable,  the  seg- 
regation to  be  completed  in  any  event  not  later  than  September 
I,  1907,  and  as  much  earlier  as  the  engineers  may  determine  to 
be  practicable. 

3.  i\ny  money  claim  of  the  City  based  on  the  contention  that 
street  arc  lights  are  less  than  standard  two  thousand  candle- 
power  shall  be  submitted  to  arbitration  under  the  statute. 

4.  The  Company  will  build  a  pipe  line  to  Lake  Moraine  as 
speedily  as  practicable,  if  and  when  required  so  to  do  by  the 
Council,  and  according  to  plans  to  be  approved  by  the  engineer 
for  the  City. 

5.  The  Company  will  furnish  power  for  municipal  purposes 
under  Section  9  of  the  ordinance  upon  demand  by  the  City, — 
construction  by  the  District  Court  of  El  Paso  County,  Colorado, 
of  that  section  to  be  made  upon  statement  of  facts  to  be  submit- 
ted within  thirty  days,  the  decision  of  said  Court  to  be  binding 
upon  the  Company,  and  the  Company  thereupon,  if  so  required 
by  the  City,  to  contract  to  furnish  to  the  City  at  any  time  during 
the  life  of  the  franchise  such  power  and  at  such  rate  as  are  pro- 
vided by  said  Section  9  as  so  construed  by  the  Court. 

6.  The  Company  will  pay  $75.00  per  month  for  expense  of 
supervisor  required  by  ordinance,  or  in  lieu  thereof  will  con- 
tribute $100.00  per  month  toward  compensation  of  any  hydraulic 
engineer  who  may  be  placed  in  charge  of  the  City  mountain 
system. 

7.  And  generally,  the  Company  will  comply  with  every  clause 
and  provision  of  the  franchise. 

8.  Nothing  in  this  agreement  shall  be  deemed  a  waiver  either 
by  the  City  or  the  Company  of  any  rights  under  the  Jackson 
franchise. 

IN  WITNESS  WHEREOF,  the  City  of  Colorado  Springs 
has,  pursuant  to  resolution  duly  passed  and  adopted  by  its  City 
Council  by  concurrent  vote  of  the  majority  of  the  whole  number 
of  members  elected  to  said  Council,  caused  these  presents  to  be 
signed  by  its  Mayor,  and  its  corporate  seal  to  be  hereto  affixed 
and  attested  by  its  Clerk,  and  the  Pike's  Peak  Hydro-Electric 


42  PRELIMINARY    ARBITRATION    AGRBBMBNT. 

Company  has  caused  these  presents  to  be  subscribed  with  its 
name  by  the  hand  of  its  President  and  its  corporate  seal  to  be 
hereto  affixed  and  attested  by  its  Secretary  on  the  day  and  year 
first  above  written. 

Executed  in  dupHcate  originals. 

THE  CITY  OF  COLOADO  SPRINGS, 
(Signed)  HENRY  C.  HALL. 

Mayor. 
Attest : 

(Signed)  K.  M.  MACMILLAN, 
City  Clerk. 
[SEAL] 
of  the  City  of  Colorado  Springs. 

THE  PIKE'S  PEAK  HYDRO-ELECTRIC  CO., 
(Signed)  G.  A.  TAFF, 

President. 
Attest : 

(Signed)  J.  M.  RIPPEY, 
Secretary. 

[SEAL] 
of  the  Pike's  Peak  Hydro- 
Electric  Company. 


STATE  OF  COLOADO 
COUNTY  OF  EL  PASO 


ss: 


I,  K.  M.  MacMillan,  Clerk  of  the  City  of  Colorado  Springs, 
County  and  State  aforesaid,  do  hereby  certify  that  the  above  and 
foregoing  is  a  true  and  correct  copy  of  an  agreement  entered  into 
the  twelfth  day  of  June,  1906,  between  the  City  of  Colorado 
Springs  and  the  Pike's  Peak  Hydro-Electric  Company,  as  it  now 
appears  in  the  records  and  files  in  my  office. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand 
and  affixed  the  seal  of  the  City  this  thirty-first  day  of  January, 
A.  D.,  1907. 

(Signed)  K.  M.  MACMILLAN. 
[SEAL] 
of  the  City  of  Colorado  Springs. 


AGREEMENT    OF    ARBITRATION.  43 

EXHIBIT  NO.  3. 
AGREEMENT  OF  ARBITRATION. 

THIS  AGREEMENT  OF  ARBITRATION,  made  and  en- 
tered into  this  thirtieth  day  of  January,  1907,  between  the  City 
of  Colorado  Springs,  a  municipal  corporation  organized  and 
existing  under  the  laws  of  the  State  of  Colorado,  party  of  the 
first  part,  and  the  Pikes  Peak  Hydro-Electric  Company,  a  cor- 
poration, organized,  existing  and  doing  business  under  and  by 
virtue  of  the  laws  of  the  State  of  Colorado,  party  of  the  second 
part,  WITNESSETH :  that 

WHEREAS,  on  the  8th  day  of  September,  1898,  the  City  of 
Colorado  Springs  did  duly  pass  and  enact  a  certain  ordinance 
entitled :  ''An  ordinance  granting  to  George  W.  Jackson,  his  as- 
sociates or  assigns,  the  use  of  water  power,  right  of  way,  and 
the  right  to  lay  underground  conduits  and  wire  cables,  to  con- 
struct manholes  and  to  erect  poles  and  wires  on  the  streets 
and  alleys  and  upon  the  property  of  the  City  of  Colorado 
Springs,"  and 

W^HEREAS,  the  party  of  the  second  part  has  become  and  now 
is  the  owner  and  holder  of  all  rights  and  privileges  granted  by 
said  ordinance  to  George  W.  Jackson ;  and 

WHEREAS,  Section  9  of  said  ordinance  is  as  follows,  to  wit: 

"Sec.  9.  The  said  George  W.  Jackson,  his  associates  or  assigns,  shall 
within  one  year  after  the  completion  of  the  Strickler  tunnel  and  during 
the  remainder  of  the  term  of  this  grant,  furnish  to  the  City  of  Colorado 
Springs,  such  arc  lights,  of  standard  2,000  candle-power  each,  as  may  be 
required  by  said  City  for  the  purpose  of  lighting  its  streets,  alleys  and 
public  grounds,  at  the  rate  of  five  dollars  and  fifty  cents  ($5.50)  per  light 
per  month,  said  lights  to  be  used  from  sunset  to  sunrise  during  each  and 
every  month;  also,  free  of  cost,  such  arc  and  incandescent  lights  as  may 
be  required  by  the  said  City  for  the  lighting  of  the  buildings  belonging 
to  the  said  City  not  exceeding  rive  arc  lights  of  2,000  candle-power  each 
and  200  incandescent  lights  of  16  candle-power  each,  or  the  equivalent; 
also,  free  of  cost,  such  electrical  power,  to  be  delivered  at  such  points  in 
the  City  of  Colorado  Springs,  as  the  said  City  may  specify,  as  may  be 
necessary  for  use  by  said  City  for  municipal  purposes,  said  power  not  to 
exceed  fifty  (50)  horse-power;  and  will  at  all  times  during  the  term  of 


44  AGREEMENT    OF    ARBITRATION. 

this  grant  furnish  to  the  said  City  such  other  power  as  may  be  required 
for  municipal  purposes  at  the  same  prices  that  are  paid  by  the  most 
favored  customer  of  the  said  George  W.  Jackson,  his  associates  or  as- 
signs, PROVIDED,  the  said  City  shall  give  the  said  George  W.  Jackson, 
his  associates  or  assigns  ninety  (90)  days  notice  of  its  intention  to  use 
any  of  said  power  in  excess  of  fifty  horse-power,  and  the  amount 
required." 

WHEREAS,  the  party  of  the  second  part,  since  February  15, 
1905,  has  been  furnishing  street  lights  to  the  party  of  the  first 
part  under  said  section,  and  has  rendered  certain  bills  for  such 
street  lights,  which  bills  covering  the  period  down  to  and  in- 
cluding May  31,  1906,  have  been  paid  by  the  party  of  the  first 
part;  but  for  the  period  since  May  31,  1906,  have  not  been  paid 
by  the  party  of  the  first  part,  and  the  party  of  the  first  part  now 
claims  that  the  lights  so  furnished  by  the  party  of  the  second 
part  have  not  been  of  the  candle-power  prescribed  for  street 
lights  by  said  Section  9  of  said  ordinance  hereinbefore  set  forth, 
and  by  reason  thereof,  that  the  party  of  the  first  part  is  entitled 
to  re-payment  to  it  of  certain  moneys  in  accordance  with  the 
claim  hereinafter  set  forth,  and  also  to  reduction  in  the  amount 
of  the  bills  rendered  by  the  party  of  the  second  part  for  the 
period  since  May  31,  1906;  and 

WHEREAS,  the  parties  hereto  have  heretofore,  in  writing, 
agreed  to  submit  the  claims  hereinafter  set  forth  to  arbitration 
in  the  manner  provided  for  by  Chapter  26  of  the  Code  of  Civil 
Procedure  of  the  State  of  Colorado; 

NOW,  THEREFORE,  in  consideration  of  the  premises,  the 
parties  hereto  do  hereby  make  and  subscribe  these  written  Art- 
icles of  Agreement,  and  have  agreed,  and  do  hereby  mutually 
agree,  as  follows : 

FIRST.  The  particular  matters  of  difference  between  the 
parties  hereto,  which  are  to  be  submitted  to  and  decided  by  the 
arbitrators  hereinafter  named,  are  as  follows,  to  wit: 

A,  The  party  of  the  first  part  claims  that  the  party  of  the 
second  part  is  indebted  to  it  in  the  sum  of  Sixteen  Thousand 
Nine  Hundred  and  Fifty-two  Dollars  and  Twenty-one  cents, 
($16,952.21),  on  account  of  the  claim  of  the  party  of  the  first 
part  that  the  party  of  the  second  part  has  overcharged  the  party 
of  the  first  part  for  street  lights  from  February  15,  1905,  to  May 
31,  1906,  upon  the  following  basis,  to  wit: 


AGREEMENT    OF    ARBITRATION.  45 

Total  amount  paid  Pike's  Peak  Hydro-Electric 
Company  from  February  15,  1905,  to  May 
31,  1906,  on  basis  of  lights  supposed  by  the 
City  to  be  of  standard  2,000  candle-power 
each $19.94379 

Amount  which  City  of  Colorado  Springs 
claims  should  have  been  paid  by  the  City 
to  the  Pikes  Peak  Hydro-Electric  Company 
during  said  time  by  reason  of  its  claim  that 
said  lights  were  only  300  candle-power  each.  .  .  .     2,991.56 


Amount  which  City  claims  it  was  overcharged.  . .  .$16,952.23 

Or,  in  case  said  computation  should  prove  not  to  be  exact,  the 
money  claim  so  submitted  to  arbitration  is  for  the  difference 
between  the  amount  which  the  City  should  have  paid  for  the 
street  lights  furnished  during  the  period  in  question  and  the 
amount  which  the  City  did  pay,  said  claim  to  be  determined  by 
the  difference  in  candle-power  between  the  lights  so  furnished 
and  the  lights  required  by  said  Section  9  of  the  ordinance. 

Interest  is  also  claimed  upon  the  amount,  if  any,  found  due 
from  the  date  when  the  respective  amounts  found  due  accrued 
until  the  date  of  the  award,  at  the  rate  of  eight  per  cent.  (8%  j 
per  annum. 

B.  The  party  of  the  first  part  further  claims  that  the  bills 
rendered  by  the  party  of  the  second  part  for  street  lights  fur- 
nished to  the  party  of  the  first  part  since  May  31,  1906,  and  the 
charges  therefor  down  to  the  date  of  such  arbitration  are  ex- 
cessive in  the  same  proportion;  or  in  case  such  computation 
should  prove  not  to  be  exact,  the  further  money  claim  for  over- 
charge so  submitted  to  arbitration  is  for  the  difference  between 
the  amount  which  the  City  should  pay  for  the  street  lights  fur- 
nished since  May  31,  1906,  and  the  amount  charged  therefor  by 
the  Company,  said  claim  to  be  determined  by  the  difference  in 
candle-power  between  the  lights  so  furnished  and  the  lights  re- 
quired by  said  Section  9  of  the  ordinance. 

SECOND.  The  parties  hereto  agree  to  submit  such  particular 
matters  of  difference  set  out  in  paragraph  First,  to  L.  G.  Car- 
penter of  Fort  Collins,  Colorado ;  E.  L.  Elliott  of  New  York  City, 
and  Henry  Floy  of  New  York  City,  as  arbitrators;  and  hereby 


46  AGREEMENT    OF    ARBITRATION. 

agree  that  the  said  L.  G.  Carpenter,  E.  L.  Elliott  and  Henry 
Floy  shall  be  arbitrators  to  determine,  pass  upon  and  decide  said 
matter ;  and  the  parties  hereby  agree  to  abide  by  the  award  made 
by  a  majority  of  said  three  arbitrators. 

The  hearings  before  said  arbitrators  shall  begin  February  i, 
1907,  and  continue  daily  until  completed. 

IT  IS  EXPRESSLY  AGREED  AND  UNDERSTOOD  that 
the  arbitrators  hereinabove  named  shall  hear  all  evidence  offered 
by  each  party  hereto  and  make  their  aw^ard  therefrom.  It  is 
agreed  and  understood  that  either  party  may  introduce  all  and 
every  character  of  evidence  that  it  may  desire  and  that  the  ob- 
jections of  each  party  to  the  same  on  any  and  all  grounds, 
whether  of  materiality,  competency,  relevancy  or  on  special 
grounds,  may  and  shall  be  considered  as  being  made  and  excep- 
tions taken  at  all  proper  places  in  the  proceedings.  This  to  the 
end  that  the  taking  of  evidence  may  not  be  interrupted  by  the 
making  or  urging  of  objections  and  that  the  arbitrators  may  and 
shall  be  relieved  from  in  any  wise  passing  upon  the  validity  or 
legality  of  any  objection  made  to  evidence. 

IT  IS  FURTHER  AGREED  AND  UNDERSTOOD  that  the 
said  award  of  said  arbitrators,  when  made,  shall  be  filed  by  the 
successful  party,  with  the  Clerk  of  the  District  Court  of  El  Paso 
County,  as  the  basis  of  a  judgment,  and  that  an  execution  may 
be  issued  for  its  collection. 

IT  IS  FURTHER  AGREED  AND  UNDERSTOOD  that 
said  arbitrators  shall  allow  interest  at  the  rate  of  eight  per  cent, 
per  annum  on  any  sum  or  sums  found  due  to  either  party  hereto, 
and  that  such  interest  shall  be  computed  from  the  time  or  times 
such  sum  or  sums  were  overpaid,  or  should  have  been  paid,  as 
the  case  may  be,  until  the  date  of  making  the  award  hereunder. 

IN  WITNESS  WHEREOF  the  party  of  the  first  part  has, 
pursuant  to  resolution  duly  adopted  by  the  City  Council,  upon 
the  concurrence  of  a  majority  of  its  members,  cau.sed  these  pres- 
ents to  be  signed  by  its  Mayor  and  attested  by  its  City  Clerk, 
with  its  corporate  seal  affixed,  and  the  said  party  of  the  second 
part  has  caused  the  same  to  be  signed  by  the  hand  if  its  Vice- 


AGREEMENT    OF    ARBITRATION.  47 

President,  and  attested  by  its  Secretary  and  its  corporate  seal 
thereunto  affixed,  on  the  day  and  year  first  above  written. 
Executed  in  duplicate  originals. 

THE  CITY  OF  COLORADO  SPRINGS, 

(Signed)  HENRY  C.  HALL. 

Mavor. 
[SEAL] 
of  the  City  of  Colorado  Springs. 
Attest : 

(Signed)  K.  M.  MACMILLAN, 
City  Clerk. 

THE  PIKE'S  PEAK  HYDRO-ELECTRIC  CO., 
(Signed)  G.  A.  TAFF, 

Vice-President. 
[SEAL] 
of  Pikes  Peak  Hydro-Electric  Co. 
.Attest : 

(Signed)  A.  RALSTON, 

Secretary. 


48  BILLS    FOR    LIGHTING    SERVICE. 

EXHIBITS  NOS.  4—20  INCLUSIVE. 

These  exhibits  consist  of  certified  copies  of  the  bills  for  light- 
ing service  presented  by  the  Pike's  Peak  Hydro-Electric  Com- 
pany against  the  City  of  Colorado  Springs  from  the  month  of 
February,  1905,  to  and  inclusive  of  December,  1906,  part  of 
which  had  been  paid  in  full. 

Below  is  given,  as  an  illustration,  one  of  the  bills  rendered,  be- 
ing "Exhibit  No.  4,"  for  service  during  the  month  of  January, 
1906. 

EXHIBIT  NO.  4. 

Colorado  Springs,  Colo.,  February  6,  1906. 
M.     The  City  of  Colorado  Springs, 

Colorado  Springs,  Colorado. 
To  The  Pike's  Peak  Hydro-Electric  Company,  Dr. 
Office,  203  Mining  Exchange  Building. 

To  236  Arc  lights  at  $5.50 $1,298.00 

I  arc,  Boulder  Crescent  and  West  Park,  installed 

Jan.  9,  1906,  (22  days) 4.03 

I  arc.  Cache  La  Poudre  and  Royer  St.,  installed 

Jan.  II,  1906,  (20  days) 3.67 

1  arc,  Boulder  and  El  Paso  Sts.,  installed  Jan.  16, 

1906,  (15  days) 2.75 


$1,308.45 
Approved. 

(Signed)  A.  W.  GRAY, 

Street  Commissioner. 

O.K.  (Signed)  A.  M.  HOLDEN. 

STATE  OF  COLOADO   [ 
COUNTY  OF  EL  PASO  [  ^^  * 

I,  G.  M.  Perry,  City  Auditor  of  the  City  of  Colorado  Springs, 
do  hereby  certify  that  the  above  is  a  true  and  correct  copy  of  the 
bill  rendered  this  City  by  the  Pike's  Peak  Hydro-Electric  Com- 
pany, for  January  lights,  with  the  item  of  bills  rendered  added. 

(Signed)  G.  M.  PERRY, 

City  Auditor. 
Colorado  Springs,  Colo., 
February  2,  1907. 


CONTRACT  WITH  LOWE  GAS  AND  ELECTRIC  CO.  49 


EXHIBIT  NO.  21. 

CONTRACT  BETWEEN  THE  COLORADO  SPRINGS 

LOWE  GAS  AND  ELECTRIC  CO.  AND  THE 

CITY  OF  COLORADO  SPRINGS. 

THIS  AGREEMENT,  made  and  entered  into  this  seventh 
day  of  April,  A.  D.,  1890,  between  The  Colorado  Springs  Lowe 
Gas  &  Electric  Company,  a  corporation  duly  formed  and  exist- 
ing under  the  laws  of  the  State  of  Colorado,  party  of  the  first 
part,  and  The  City  of  Colorado  Springs,  a  municipal  corporation, 
party  of  the  second  part,    WITNESSETH :  that 

WHEREAS,  the  City  Council  of  the  party  of  the  second  part 
did  heretofore,  and  on  the  24th  day  of  March,  1890,  duly  enact 
an  ordinance  entitled  "An  Ordinance  in  Relation  to  the  Colorado 
Springs  Lowe  Gas  &  Electric  Company,"  whereby  certain  rights, 
privileges  and  franchises  were  granted  to  the  party  of  the  first 
part,  including  the  right,  privilege  and  license  to  manufacture 
and  distribute  gas  for  lighting,  heating,  power,  manufacturing 
and  other  purposes,  and  to  manufacture  and  distribute  elec- 
tricity for  lighting,  power  and  other  purposes,  as  by  reference 
to  said  ordinance  will  more  fully  appear;  and, 

WHEREAS,  it  was  provided  in  and  by  the  provisions  of 
said  ordinance,  and  as  a  condition  of  the  grant  of  the  rights-of- 
way,  privileges  and  franchises  therein  mentioned,  that  within 
thirty  days  from  the  date  of  the  passage  thereof  the  said  The 
Colorado  Springs  Lowe  Gas  and  Electric  Company  should, 
under  its  corporate  seal  and  the  hand  of  its  President  or  Vice 
President,  enter  into  an  agreement  on  its  part  with  The  City 
of  Colorado  Springs,  of  the  other  part,  promising,  covenanting 
and  agreeing  as  hereinafter  provided;  and, 

WHEREAS,  it  was  further  provided  in  and  by  section  9 
of  said  ordinance  that  the  Mayor  of  The  City  of  Colorado 
Springs  be  and  he  was  thereby  authorized  and  instructed  to 
enter  into  such  contract  with  said  Company  as  will  by  the  section 
last  referred  to  more  fully  appear; 

NOW,  THEREFORE,  in  consideration  of  the  premises, 
and  of  the  passage  of  the  ordinance  aforesaid,  and  of  one  dollar 
to  each  party  in  hand  paid  by  the  other,  the  receipt  whereof  is 
hereby  acknowledged,  the  parties  hereto  do  hereby  covenant  and 
agree  with  each  other  as  follows : 

I.  The  party  of  the  first  part  hereby  covenants  and  agrees 
that  it  will  not  charge  the  party  of  the  second  part,  or  any 


so  CONTRACT  WITH  LOWE  GAS  AND  BLBCTRIC  CO. 

person,  bodies  or  corporations  within  the  corporate  limits  of  the 
City  of  Colorado  Springs,  more  than  two  and  fifty-hundredths 
dollars  ($2.50)  per  thousand  cubic  feet  for  illuminating  gas ;  that 
the  said  party  of  the  first  part  will,  within  a  reasonable  time 
from  the  date  of  this  agreement,  lay  pipes  and  distribute  and  sell 
gas  on  any  and  all  streets  respectively  in  the  City  of  Colorado 
Springs,  so  far  as  there  may  be  any  reasonable  demand  for  such 
gas  on  said  streets  or  any  of  them ;  that  the  party  of  the  first 
part  will,  in  all  cases,  be  controlled  and  governed  by  the  ordi- 
nances of  the  City  of  Colorado  Springs  then  in  force,  relating  to 
the  manner  of  laying  and  distributing  pipe,  and  of  making  and 
guarding  excavations  therefor;  that  the  party  of  the  first  part 
will  be  responsible  for  any  damage,  either  to  streets,  persons, 
or  property,  resulting  from  any  act  of  negligence  on  its  part; 
that  the  party  of  the  first  part  will  at  all  times  furnish  a  full  and 
sufficient  supply  of  good  gas  of  not  less  than  20-candle  power, 
unless  prevented  by  accident  or  other  cause  beyond  its  control, 
in  which  event  said  obstacle  will  be  removed  and  overcome  with- 
out unnecessary  delay. 

2.  And  said  party  of  the  first  part  further  agrees  that  it 
will  furnish  gas  to  the  party  of  the  second  part  at  not  more  than 
twenty  dollars  ($20)  per  lamp  per  annum  for  each  and  every 
lamp  supplied  for  the  streets  of  the  party  of  the  second  part; 
provided,  however,  that  the  party  of  the  first  part  shall  furnish 
all  street  lamps  and  lamp  posts  to  the  party  of  the  second  part 
of  the  kind  required  by  the  City  Council  of  said  second  party, 
delivered  on  the  grounds  at  cost ;  said  lamps  and  posts  to  be  the 
property  of  the  party  of  the  second  part,  and  the  cost  and  setting 
thereof  to  be  paid  for  by  the  said  party  of  the  second  part. 

3.  And  the  party  of  the  first  part  further  covenants  and 
agrees  that  it  will  not  charge  consumers  more  than  three  cents 
per  hour  for  each  i6-candle  power  electric  light,  and  will  furnish 
said  light  to  all  persons  residing  on  any  street  where  its  wires 
extend  who  shall  pay  promptly  therefor,  and  will  in  no  case 
discriminate  as  to  rates  charged  between  consumers  in  outlying 
districts  and  consumers  in  competitive  districts  of  the  City  of 
Colorado  Springs. 

4.  And  the  party  of  the  first  part  further  covenants  and 
agrees  that  it  will  furnish  the  party  of  the  second  part,  whenever 
so  required,  with  not  less  than  forty  (40)  arc  lights,  of  what  is 
commonly  known  as  2,000  candle  power  each  for  lighting  the 
streets  of  the  city  for  not  more  than  $125  per  annum  for  each 
arc  light,  or  will  furnish  not  less  than  fifty  (50)  arc  lights  of  the 
same  candle  power  for  not  more  than  $120  each  per  annum. 

5.  And  the  party  of  the  second  part,  for  and  in  considera- 
tion of  the  premises,  hereby  ratifies  and  confirms  to  and  unto 
the  party  of  the  first  part  the  rights-of-way,  privileges  and  fran- 


CONTRACT  WITH  LOWE  GAS  AND  BLECTRIC  CO.  51 

chises  granted  by  the  ordinance  of  the  City  of  Colorado  Springs 
herein  above  referred  to,  passed  March  24,  1890,  in  relation  to 
the  manufacture  and  distribution  of  gas  and  electricity  for  light- 
ing and  other  purposes. 

IN  WITNESS  WHEREOF,  the  party  of  the  first  part  has 
hereunto  caused  its  corporate  seal  to  be  affixed,  and  these  presents 
to  be  signed  by  its  Vice-President  and  Secretary,  and  the  party 
of  the  second  part  has  caused  its  corporate  seal  to  be  hereunto 
affixed,  together  with  the  signatures  of  its  Mayor  and  City  Clerk 
in  attestation  thereof,  the  day  and  year  first  above  written. 
THE  COLORADO  SPRINGS  LOWE 
GAS  AND  ELECTRIC  CO., 
(Signed)  J.  F.  HUMPHREY, 
Corporate  seal  of  Vice-President. 

The  Colorado  Springs 
Lowe  Gas  and  Electric  Co. 
Attest  ■ 

(Signed)  J.  F.  HUMPHREY,  Secretary. 
(Signed)  L.  P.  LOWE,  Treasurer. 

CITY  OF  COLORADO  SPRINGS, 

(Signed)  J.  W.  STILLMAN, 

Mayor. 
Corporate  Seal  of . 
City  of  Colorado  Springs, 
Colorado. 
Attest  * 

(Signed)  H.  C.  McCREERY, 
City  Clerk. 
STATE  OF  COLORADO, 
County  of  El  Paso, 

BE  IT  REMEMBERED  that,  on  this  7th  day  of  April, 
A.  D.  1890,  before  me,  the  undersigned,  a  notary  public,  duly 
commissioned  and  qualified  under  the  laws  of  said  State  to  take 
the  acknowledgment  of  deeds,  etc.,  personally  appeared  J.  F. 
Humphrey,  Vice-President  of  the  Colorado  Springs  Lowe 
Gas  and  Electric  Company,  and  J.  F.  Humphrey,  Secretary 
of  said  Company,  to  me  personally  known  to  be  the 
identical  persons  whose  names  are  subscribed  to  the  fore- 
going agreement  in  attestation  thereof,  and  they  in  due  form  of 
law  severally  acknowledged  that  they  were  personally  present 
at  the  execution  of  the  foregoing  agreement ;  that  their  signa- 
tures thereto  are  genuine ;  that  the  seal  affixed  thereto  is  the 
common  and  corporate  seal  of  the  said  corporation ;  that  the  fore- 
going instrument  was  duly  signed,  sealed  and  delivered  by,  and 
as  and  for  the  act  and  deed  of  the  said  The  Colorado  Springs 
Lowe  Gas  and  Electric  Company,  and  by  its  authority,  for  the 
uses  and  purposes  therein  set  forth. 


52  CONTRACT  WITH  LOWE  GAS  AND  ELECTRIC  CO. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand 
and  affixed  my  official  seal  at  Colorado  Springs,  Colo.,  the  day 
and  year  aforesaid. 

(Signed)  JOHN  DEWITT  PELTZ, 

Notary  Public. 
Notarial  Seal  of 
John  Dewitt  Peltz. 

My  commission  expires  March  i6,  1892. 

STATE  OF  COLORADO, 
COUNTY  OF  EL  PASO, 

BE  IT  REMEMBERED  that,  on  this  7th  day  of  April. 
A.  D.  1890,  before  me,  the  undersigned,  a  notary  public,  duly 
commissioned  and  qualified  under  the  laws  of  said  State  to  take 
the  acknowledgment  of  deeds,  etc.,  personally  appeared  J.  W. 
Stillman,  Mayor  of  The  City  of  Colorado  Springs,  and 
H.  C.  McCreery,  City  Clerk  of  said  City,  to  me  personally 
known  to  be  the  identical  persons  whose  names  are  subscribed 
to  the  foregoing  agreement  in  attestation  thereof,  and  they  in 
due  form  of  law  severally  acknowledged  that  they  were  person- 
ally present  at  the  execution  of  the  foregoing  instrument ;  that 
their  signatures  thereto  are  genuine ;  that  the  seal  affixed  thereto 
is  the  common  and  corporate  seal  of  the  said  corporation ;  that 
the  foregoing  agreement  was  duly  signed,  sealed  and  delivered 
by,  and  as  and  for  the  act  and  deed  of,  the  said  The  City  of 
Colorado  Springs,  and  by  its  authority,  for  the  uses  and  pur- 
poses therein  set  forth. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand 
and  affixed  my  official  seal  at  Colorado  Springs,  Colo.,  the  day 
and  year  aforesaid. 

(Signed)  JOHN  DEWlTT  PELTZ, 

Notary  Public. 
Notarial  Seal  of 
John  Dewitt  Peltz. 

My  commission  expires  March  16,  1892. 

STATE  OF  COLORADO,  { 
COUNTY  OF  EL  PASO,  M^' 

I,  K.  M.  MacMillan,  City  Clerk  of  Colorado  Springs,  county 
and  State  aforesaid,  do  hereby  certify  that  this  is  a  true  and 
correct  copy  as  shown  on  the  records  on  file  in  my  office. 
Certified  to  this  15th  day  of  January,  A.  D.  1907. 

(Signed)  K.  M.  MACMILLAN. 

City  Clerk. 
Colorado  Springs,  Colo., 
Corporate  Seal. 


CONTRACT    WITH    EL    PASO    CO.  53 


EXHIBIT  NO.  22. 

CONTRACT  BETWEEN  EL  PASO  ELECTRIC  CO.  AND 
THE  CITY  OF  COLORADO  SPRINGS. 

THIS  AGREEMENT,  made  and  entered  into  this  ist  day  of 
April,  A.  D.,  1899,  by  and  between  the  El  Paso  Electric  Com- 
pany, a  corporation,  hereinafter  referred  to  as  "the  Company," 
party  of  the  first  part,  and  the  City  of  Colorado  Springs,  herein- 
after called  and  referred  to  as  "the  City,"  party  of  the  second 
part, 

WITNESSETH: 

That  for  and  in  consideration  of  the  monthly  payments  here- 
inafter provided,  the  said  company  hereby  agrees  to  furnish  elec- 
tric light  for  the  purpose  of  lighting  the  streets  and  parks  of  the 
City  of  Colorado  Springs;  such  light  to  be  furnished  through 
electric  lamps,  which  are  commercially  known  as  arc  lamps  or 
2,000  candle  power.  There  shall  be  furnished  not  less  than  one 
hundred  and  thirty-five  (135)  of  such  lamps,  which  shall  be 
located  in  such  places  as  shall  be  designated  by  the  City  Council 
of  said  City  of  Colorado  Springs.  More  and  other  lamps  of  like 
capacity  and  character  shall  be  furnished  by  said  company  to 
said  city  at  such  places  as  the  said  City  Council  may  from  lime 
to  time  require  and  designate ;  but  no  light  shall  be  required  to 
be  furnished  at  a  greater  distance  than  eleven  hundred  (i,too) 
feet  from  the  said  company's  wire  mains.  Such  lamps  shall  be 
lighted  every  evening,  not  later  than  one  hour  after  sunset,  and 
kept  lighted  until  one  hour  before  sunrise;  provided,  however, 
that  upon  moonlight  nights  said  lamps  shall  not  be  lighted  while 
the  moon  is  shining.  Cloudy  nights  shall  not  be  considered 
moonlight  nights,  and  upon  all  cloudy  nights  the  said  lamps  shall 
be  lighted.  The  moonlight  schedule  in  common  use  for  street 
lighting  shall  be  observed  as  to  the  arc  lights.  If,  for  any  cause, 
said  lights,  or  any  of  them,  are  not  lighted  continuously  for  the 
time  as  above  provided,  there  shall  be  deducted  from  the  com- 
pensation agreed  to  be  paid  a  pro  rata  share  of  such  compensa- 
tion for  the  time  said  lamp,  or  lamps,  are  not  lighted. 

The  City  of  Colorado  Springs  agrees  to  pay  to  the  said  com- 
pany for  such  lighting  the  sum  of  eight  dollars  and  sixteen  and. 
two-third  cents  ($8.16  2/3)  per  month  for  each  and  every  lamp 
furnished  to  the  said  city  by  the  said  company;  such  payments 
to  be  made  monthly,  on  the  fifteenth  day  of  each  month. 


J4  CONTRACT    WITH    EL    PASO    CO. 

It  is  mutually  agreed  by  the  parties  hereto  that  this  contract 
shall  continue  and  be  in  force  for  a  term  of  five  (5)  years  from 
the  31st  day  of  March,  A.  D.  1899.  And  it  is  further  mutually 
agreed  by  the  parties  hereto  that  if,  at  any  time  during  the  term 
of  this  contract  it  shall  become  a  well  known  and  established 
fact  in  electric  lighting  that  electricity  can  be  produced  and  dis- 
tributed for  arc  lighting  by  other  and  less  costly  processes  than 
that  at  present  known  and  used,  that  when  such  new  process 
shall  be  known  to  be  practicable  as  a  proper  and  legitimate  busi- 
ness method,  fully  developed  and  in  general  use,  then,  and  in 
such  case,  the  City  of  Colorado  Springs  shall  have  the  right  to 
demand  of  the  said  company  a  modification  of  this  contract  in 
such  manner  as  will  give  the  city  an  equitable  benefit  arising 
from  such  new  process ;  the  City  Council  of  the  City  of  Colorado 
Springs  reserves  the  right  to  determine  when  such  new  method 
has  been  fully  developed,  established  and  in  general  use.  Such 
demand,  if  any,  for  a  modification  of  the  contract  to  be  made  in 
writing,  and  in  case  of  disagreement  between  the  parties  hereto 
as  to  the  time  and  conditions  of  such  modifications  of  the  con- 
tract, the  same  shall  be  submitted  to  three  arbitrators ;  one  to  be 
selected  by  the  party  of  the  first  part;  one  by  the  then  acting 
Mayor  of  said  city,  and  the  other  by  the  two  so  chosen  and 
named ;  the  finding  of  the  arbitrators  to  be  final  and  conclusive  on 
each  party  hereto  as  to  all  matters  in  difference  thus  submitted. 

It  is  expressly  agreed  and  understood  by  and  between  the 
parties  hereto  that,  in  case  litigation  should  arise  over  what  is 
known  as  the  Jackson  franchise,  passed  by  the  City  Council  of 
the  City  of  Colorado  Springs  on  the  8th  day  of  September,  A.  D. 
1898,  and  afterward,  by  the  said  City  Council,  repealed  by  ordi- 
nance, and  said  litigation  should  result  in  favor  of  the  owner  and 
holder  of  such  franchise,  and  further  should  the  owner  and  holder 
of  such  franchise  furnish,  or  offer  to  furnish,  to  the  City  of  Col- 
orado Springs,  lights  as  mentioned  in  said  franchise,  and  ac- 
cording to  the  price  herein  stated,  then,  in  that  case,  the  City  of 
Colorado  Springs  hereby  reserves  the  right  to  terminate  and  end 
this  contract. 

And  it  is  further  mutually  agreed  by  and  between  the  par- 
ties hereto  that,  whereas,  the  City  of  Colorado  Springs  owns  and 
controls  a  valuable  water  power  from  Ruxton  Creek,  which  it 
may  determine  to  use  for  the  purpose  of  operating  an  electric 
lighting  plant  for  the  purpose  of  lighting  its  said  streets  and 
parks,  now,  if  the  said  city  shall,  during  the  life  of  this  contract, 
determine  to  put  in,  or  cause  to  be  put  in,  such  electric  plant  so 
operated,  then  this  contract  shall  cease  and  terminate  as  soon  as 
such  city  plant  is  completed  and  put  in  operation,  or  caused  to 
be  completed  and  put  in  operation,  by  direction  or  permission  of 
the  said  city. 


CONTRACT    WITH    EL    PASO    CO.  55 

IN  WITNESS  WHEREOF,  the  party  of  the  first  part  has 
hereunto  set  its  corporate  seal  and  caused  this  contract  to  be 
signed  by  its  President  and  attested  by  its  Secretary,  and  the 
party  of  the  second  part  has  hereunto  attached  its  corporate  seal 
and  caused  these  presents  to  be  signed  by  its  Mayor  and  attested 
by  the  City  Clerk  of  the  City  of  Colorado  Springs. 

Executed  in  duplicate. 

THE  EL  PASO  ELECTRIC  COMPANY, 
(Signed)   C.  H.  WHITE, 

Vice-President. 
Corporate  Seal  of 
The  El  Paso  Electric  Co. 
Attest : 

(Signed)  O.  L.  GODFREY, 
Secretary. 

THE  CITY  OF  COLORADO  SPRINGS, 
(Signed)   J.  R.  ROBINSON, 

Mayor. 
Attest : 

(Signed)  I.  S.  HARRIS, 
City  Clerk. 
Corporate  Seal  of 
Colorado  Springs,  Colorado. 

STATE  OF  COLORADO       | 
COUNTY  OF  EL  PASO         j  ^^ ' 

I,  K.  M.  MacMillan,  City  Clerk  of  Colorado  Springs,  County 
and  State  aforesaid,  do  hereby  certify  that  this  is  a  true  and  cor- 
rect copy  as  shown  on  the  records  on  file  in  my  office. 
Certified  to  this  15th  day  of  January,  A.  D.,  1907. 

(Signed)  K.  M.  MACMILLAN, 

City  Clerk. 
Corporate  Seal  of 
Colorado  Springs,  Colorado. 


S6  CONTRACT    WITH    COLORADO    SPRINGS    CO. 


EXHIBIT  NO.  23. 

CONTRACT    BETWEEN    THE     COLORADO     SPRINGS 

ELECTRIC  CO.  AND  THE  CITY  OF 

COLORADO  SPRINGS. 

THIS  AGREEMENT,  made  and  entered  into  this  fifth  day 
of  September,  A.  D.,  1901,  by  and  between  the  Colorado  Springs 
Electric  Company,  a  corporation  duly  organized  and  existing 
under  and  by  virtue  of  the  laws  of  the  State  of  Colorado,  here- 
inafter referred  to  as  the  Company,  party  of  the  first  part,  and 
the  City  of  Colorado  Springs,  hereinafter  referred  to  as  the  City, 
party  of  the  second  part, 
WITNESSETH:  that 

WHEREAS,  heretofore,  to-wit:  on  or  about  the  first  day 
of  April,  A.  D.  1899,  The  El  Paso  Electric  Company,  a  corpora- 
tion organized  and  existing  under  and  by  virtue  of  the  laws  of 
the  State  of  Colorado,  and  the  said  party  of  the  second  part  herein 
made  and  entered  into  a  certain  contract  for  the  furnishing  of 
electric  lights  by  the  said  The  El  Paso  Electric  Company  to  the 
said  City,  which  said  contract  by  its  terms  and  limitations  ex- 
tends to  and  expires  upon  the  31st  day  of  March,  A.  D.  1904;  and 

WHEREAS,  The  said  party  of  the  first  part  herein,  so-called 
the  Company  as  aforesaid,  is  the  successor  and  grantee  of  the 
said  The  El  Paso  Electric  Company,  under  the  said  contract  and 
the  rights  and  liabilities  therein  provided  for  and  set  forth ;  and 

WHEREAS,  The  said  company  is  desirous  of  modifying  the 
said  contract  and  of  securing  a  further  contract  with  the  said  city 
relative  to  the  further  furnishing  and  supplying  of  electric  lights, 
and  is  further  desirous  of  substituting  a  new  and  improved  light 
for  the  light  now  in  use  and  furnished  under  the  said  contract  of 
April,  1899,  and  the  said  Company  is  willing,  in  consideration 
thereof,  to  make  a  certain  reduction  in  the  price  of  the  lights  as 
named  and  provided  for  in  the  said  prior  contract ; 

NOW  THEREFORE,  this  agreement  witnesseth  that  in 
consideration  of  the  premises  and  of  the  mutual  covenants  and 
agreements  herein  contained,  it  is  hereby,  in  lieu,  place  and  stead 
of  the  said  contract  of  April  ist,  1899,  covenanted,  contracted  and 
agreed  as  follows,  to  wit : 

1st.  In  consideration  of  the  monthly  payments  hereinafter 
provided,  the  said  company  hereby  agrees  to  furnish  electric 
lights  for  the  purpose  of  lighting  the  streets  and  parks  of  the 
said  City  of  Colorado  Springs,  such  lights  to  be  furnished  through 


CONTRACT    WITH    COLORADO    SPRINGS    CO.  57 

electric  lamps  which  are  commercially  known  as  6.6  ampere  en- 
closed arc  lamps  of  the  series  alternating  system,  the  same  to  be 
in  all  respects  equal  in  lighting  power  to  the  sample  lamps  of  the 
kind  above  described,  heretofore  installed  and  exhibited  by  the 
said  company  in  the  streets  of  Colorado  Springs  for  testing  pur- 
poses. 

2d.  There  shall  be  furnished  not  less  than  one  hundred  and 
sixty  (i6o)  of  such  lamps,  which  shall  be  located  in  such  places 
as  shall  be  designated  by  the  City  Council  of  the  said  city;  more 
and  other  lamps  of  like  capacity  and  character  shall  be  furnished 
by  the  said  company  to  the  said  city  at  such  places  as  the  said 
City  Council  may  from  time  to  time  require  and  designate,  but  no 
lamps  shall  be  required  to  be  furnished  at  a  greater  distance  than 
i,ioo  feet  from  the  said  company's  wire  mains. 

3d.  Such  lamps  shall  be  lighted  every  evening  not  later  than 
one  hour  after  sunset,  and  kept  lighted  until  one  hour  before  sun- 
rise; provided,  however,  that  upon  moonlight  nights  the  said 
lamps  shall  not  be  lighted  save  as  hereinafter  specified,  while  the 
moon  is  shining;  cloudy  nights  shall  not  be  considered  moonlight 
nights,  and  upon  all  cloudy  nights  the  said  lamps  shall  be  lighted; 
the  moonlight  schedule  in  common  use  for  lighting  shall  be  ob- 
served as  to  all  of  the  lights,  save  that,  anything  herein  to  the 
contrary  notwithstanding,  the  company  shall  furnish  light  for 
thirty  (30)  of  the  said  lamps  for  lighting  the  business  portions  of 
the  said  city  from  the  hour  of  lighting  thereof  to  and  until  the 
hour  of  eleven  o'clock  P.  M.  each  and  every  night  irrespective  of 
the  said  moonlight  schedule.  If  for  any  cause  the  said  lights  or 
any  of  them  are  not  lighted  continuously  for  the  time  as  above 
provided,  there  shall  be  deducted  from  the  compensation  agreed 
to  be  paid  a  pro  rata  share  of  such  compensation  for  the  time  the 
said  lamp  or  lamps  are  not  burning. 

4th.  The  said  city  covenants  and  agrees  to  pay  to  the  said 
company  for  such  lighting  to  and  until  the  said  31st  day  of 
March,  A.  D.  1904,  the  sum  of  six  dollars  and  sixty-six  and  two- 
third  cents  ($6.66  2/3)  per  month  for  each  and  every  lamp  so 
furnished  to  the  said  city  by  the  said  company;  and  from  the 
said  31st  day  of  March,  1904,  to  and  until  the  31st  day  of  March, 
A.  D.  1909,  the  said  city  shall  pay  for  the  said  lighting  the  sum 
of  six  dollars  and  twenty-five  cents  ($6.25)  per  month  for  each 
and  every  lamp  furnished  to  the  said  city  by  the  said  company; 
all  payments  hereinbefore  provided  to  be  made  monthly  on  the 
fifteenth  day  of  each  and  every  month. 

5th.  It  is  further  mutually  agreed  by  the  parties  hereto  that 
if  at  any  time  during  the  term  of  this  contract,  it  shall  become, 
a  well-known  and  established  fact  in  electric  lighting  that  elec- 
tricity can  be  produced  and  distributed  for  arc  lighting  by  other 
and  less  costly  process  than  those  at  present  known  and  used, 


"58  CONTRACT    WITH    COLORADO    SPRINGS    CO. 

that  when  such  new  process  or  processes  shall  be  known  to  be 
practicable  as  a  proper  and  legitimate  business  method,  fully 
developed  and  in  general  use,  then,  and  in  such  case,  the  city 
of  Colorado  Springs  shall  have  the  right  to  demand  of  the  said 
company  a  modification  of  this  contract  in  such  manner  as  will 
give  the  city  an  equitable  benefit  arising  from  such  new  process 
or  processes.  The  City  Council  of  the  City  of  Colorado  Springs 
reserves  the  right  to  determine  when  such  new  method  has  been 
fully  developed,  established  and  in  general  use,  and  for  the  pur- 
pose hereof  it  shall  not  be  necessary  for  the  said  city  to  de- 
termine in  advance,  as  a  fact,  that  such  less  costly  processes  than 
now  exist  have  been  established  and  are  practicable,  but  the  said 
city  may  at  any  time  on  the  bona  fide  belief  that  such  new  pro- 
cesses have  become  known  and  are  practicable  and  are  in  general 
use,  demand  the  arbitration  hereinafter  mentioned.  Such  de- 
mand, if  any,  for  a  modification  of  the  contract,  to  be  made  in 
writing,  and  in  case  of  disagreement  between  the  parties  hereto 
as  to  the  time  and  condition  of  such  modification  of  the  contract, 
the  same  shall  be  submitted  to  three  arbitrators,  one  to  be  se- 
lected by  the  party  of  the  first  part,  one  by  the  then  City  Council 
of  the  said  city,  and  one  other  by  the  two  so-chosen  and  named ; 
the  finding  of  the  arbitrators  to  be  final  and  conclusive  on  each 
party  as  to  all  matters  in  difference  thus  submitted. 

6th.  It  is  further  mutually  understood  and  agreed  by  and 
between  the  parties  hereto  that  WHEREAS  the  said  City  of 
Colorado  Springs  owns  and  control  certain  valuable  water-power 
plants  which  it  may  determine  hereafter  to  use  for  the  purpose  of 
operating  an  electric  lighting  plant  for  the  purpose  of  lighting  its 
said  streets  and  parks,  or  may  hereafter  acquire  such  a  water- 
power  plant  for  such  purpose ; 

NOW  THEREFORE,  if  the  said  city  shall  during  the  life  of 
this  contract  determine  to  put  in  or  cause  to  be  put  in  or  acquire 
such  plant  so  operated,  then  this  contract  shall  cease  and  de- 
termine as  soon  as  the  said  city  plant  is  completed  and  put  in 
operation  or  caused  to  be  completed  and  put  in  operation  by  the 
direction  or  under  the  permission  of  the  said  city. 

7th.  It  is  further  expressly  understood  and  agreed  by  and  be- 
tween the  parties  hereto  that  WHEREAS  the  Pike's  Peak  Power 
Company,  so-called,  is  believed  to  hold  a  certain  franchise,  com- 
monly known  as  the  Jackson  franchise,  and  the  rights,  if  any, 
thereunder  secured,  passed  by  the  City  Council  of  the  City  of 
Colorado  Springs,  on,  to  wit,  the  8th  day  of  September,  1898, 
which  said  franchise  was  afterwards  repealed  by  the  then  City 
Council  of  the  said  City  by  its  ordinance,  but  under  the  said 
ordinance  granting  the  said  franchise,  and  notwithstanding  the 
said  repeal  thereof,  the  said  The  Pike's  Peak  Power  Company  is 
supposed  still  to  claim  that  under  certain  contingencies  it  may 


CONTRACT    WITH    COLORADO    SPRINGS    CO.  59 

have  certain  rights  to  furnish  the  City  of  Colorado  Springs  with 
electric  light  under  certain  terms  in  the  said  ordinance  set  forth ; 
NOW  THEREFORE,  in  case  the  said  The  Pike's  Peak  Power 
Company  or  the  owners  of  the  said  franchise,  shall  at  any  time 
during  the  life  of  this  contract  attempt  to  assert  their  said  sup- 
posed rights  and  shall  maintain  the  same  by  legal  action  duly  in- 
stituted, prosecuted  and  defended,  then  and  in  that  case  the  said 
City  of  Colorado  Springs  hereby  reserves  the  right  to  terminate, 
annul  and  put  an  end  to  this  contract,  and  the  said  city  shall 
thereafter  be  relieved  from  any  and  all  obligations  of  any  kind  or 
nature  whatsoever  hereunder. 

This  contract  shall  extend  to  and  be  binding  upon  the  suc- 
cessors and  assigns  of  the  parties  hereto. 

It  is  further  mutually  understood  and  agreed  that  by  the 
execution  of  this  contract  the  said  contract  of  April  ist,  1899,  is 
hereby  cancelled,  abrogated  and  annulled. 

It  is  further  mutually  understood  and  agreed  by  the  parties 
hereto  that  this  contract  shall  continue  and  be  in  force,  save  as 
hereinbefore  provided,  to  and  until  the  31st  day  of  March,  A.  D. 
1909. 

IN  WITNESS  WHEREOF  the  party  of  the  first  part  has 
hereunto  set  its  corporate  seal  and  caused  this  contract  to  be 
signed  by  its  vice-president  and  attested  by  its  secretary,  and  the 
party  of  the  second  part  has  hereunto  attached  its  corporate  seal 
and  caused  these  presents  to  be  signed  by  its  Mayor  and  attested 
by  the  City  Clerk  of  the  City  of  Colorado  Springs. 

THE  COLORADO  SPRINGS  ELECTRIC  CO.. 
(Signed)  WILLIAM  P.  BONBRIGHT, 
Attest:  Vice-President. 

(Signed)  IRVING  W.  BONBRIGHT, 
Secretary. 
Corporate  Seal  of  the 
Colorado  Springs  Electric  Co. 

THE  CITY  OF  COLORADO  SPRINGS, 
(Signed)  J.  R.  ROBINSON, 
Attest :  Mayor. 

(Signed)  K.  M.  MACMILLAN, 
City  Clerk. 
Corporate  Seal  of 
Colorado  Springs,  Colorado. 

STATE  OF  COLORADO     ) 
COUNTY  OF  EL  PASO       \  ^^  '• 
I,  K.  M.  MacMillan,  City  Clerk  of  Colorado  Springs,  County 


6o  PRELIMINARY  AND   ORIGINAL   FRANCHISE. 

and  State  aforesaid,  do  hereby  certify  that  this  is  a  true  and  cor- 
rect copy  as  shown  on  the  records  on  file  in  my  office. 
Certified  to  this  15th  day  of  January,  A.  D.,  1907. 

(Signed)  K.  M.  MACMILLAN, 

City  Clerk. 
Corporate  Seal  of 
Colorado  Springs,  Colorado. 


EXHIBIT  NO.  24. 

This  exhibit  was  an  unsigned  preliminary  draft  of  franchise 
proposed  to  be  granted  George  W.  Jackson.  It  was  practically 
the  same  as  the  copy  of  the  franchise  granted — Exhibit  No.  i. 


EXHIBIT  NO.  25. 

This  exhibit  was  the  original  executed  ordinance  granted 
George  W.  Jackson  and  his  associates  and  assigns,  introduced 
in  order  to  identify  the  copy  of  the  same, — Exhibit  No.  i. 


CITY'S  TESTS. 


6i 


EXHIBIT    NO.   26. 

SUMMARY    OF   TESTS   ON   ARC   LAMPS   USED   ON   THE 
STREETS  OF   COLORADO   SPRINGS. 


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lOVOtxOO     0>0     ►"     N     cO'^mvO    tv. 


<  I 


to  CITY'S  TESTS. 

EXHIBIT  NO.  27. 

COLORADO  COLLEGE, 

Colorado  Springs,  Colo.,  January  30,  1907. 
William  C.  Robinson,  City  Att'y,  Colorado  Springs,  Colo. : 

Dear  sir:  Members  of  the  Colorado  College  Committee  on 
Street  lamps,  on  the  night  of  January  28-29,  1907,  made  the  fol- 
lowing power  tests  of  lamps  used  on  the  streets  of  this  city. 

Max.  M.  H.  Outer 

Location.  Hour.    Amperes.    Volts.  Watts.    C.-P.  C.-P.  Globes 

W.  Uintah  St. 

&  VVood  Ave.       I2m'n.        6.93        79.6        446        388  280  O.K.    ,_^ 

^' 

N.  Columbia  badly 

&  Wood  Ave.  12:19  a.m.        6.97        70  400        345  230  broken 

E.  Columbia 

&  N.  Weber      12:48a.m.        6.96        75.8        450        390        290        broken 

E.  Columbia 

&N.  Corona       i:iia.m.        6.82        68.6        394        335        220        O.K. 


E.  Uintah 


&  N.  Corona       i  :30  a.  m. 

7.02 

73.8 

438 

382 

272 

Cache  la  P. 

&  N.  Cascade     2:00  a.  m. 

7.14 
6.97 

79 
74-4 

466 

402 

307 

Average 

432.3 

373-6 

266.5 

O.K. 


O.K. 


The  volts  in  the  above  table  mean  volts  at  the  lamp  ter- 
minals ;  the  watts  mean  watts  consumed  in  the  lamp.  The  maxi- 
mum C.  P.  is  read  from  the  curve  made  from  the  Purdue  tests; 
this  is  also  the  case  with  the  last  column  which  gives  the  Mean 
Hemispherical  Candle  Power. 

J.  R.  ARMSTRONG, 

J.  C.  SHEDD. 


WATTS— MAXIMUM    CANDLE-POWER. 


63 


EXHIBIT  NO.  28. 


09V9IH3  '-09  MlSZiaia  *M«Mll 


64 


WA TTS— HEMISPHERICAL    CANDLE-POWER. 


EXHIBIT    NO.    29. 


oe*oiHa"o3  Niozilio  iMiOrtl 


I  iiiiiiiilltiiiiiiiiiiiilii^it 


LIGHTING  BILL.  JANUARY,  1907.  65 


EXHIBIT  NO.  30. 

Colorado  Springs,  Colo.,  February  i,  1907. 

M.     The  City  of  Colorado  Springs, 

Colorado  Springs,  Colorado. 
To  The  Pike's  Peak  Hydro-Electric  Company,  Dr. 
Office,  203  Mining  Exchange  Building. 

To  253  arc  lamps  at  $5.50  each $1,391.50 

To  bill  rendered  Dec.  28,  1906 9,480.04 


$10,871.54 
Approved. 
(Signed)  A.  W.  GRAY, 

Street  Commissioner. 
O.K.  (Signed)  A.  M.  HOLDEN. 


STATE  OF  COLORADO    ) 
COUNTY  OF  EL  PASO     )  ^^ ' 

I,  G.  AL  Perry,  City  Auditor  of  the  City  of  Colorado  Springs, 
do  hereby  certify  that  the  above  is  a  true  and  correct  copy  of 
the  bill  rendered  this  City  by  the  Pike's  Peak  Hydro-Electric 
Company,  for  January  lights,  with  the  item  of  bills  rendered 
added. 

(Signed)  G.  M.  PERRY, 

Chief  Auditor. 
Colorado  Springs,  Colo., 
February  2,  1907. 


66 


CURVES  OF  LAMPS  "J"  AND  "M: 


EXHIBIT  NO.  31. 

Polar  and  Rousseau  Curves. 


» 

1 

i   1  . 

::\ 

^ 

1      1  -' 
/      / 

\ 

\ 

c^^,  *                      ^\ 

<f 

/■"' 

J 

y 

— -^ 

--^^ 

■^'M-|--^4-a-[-4 


t»- 


H  —I—  U  fe^ 


h    i    i    X    I'w    L 


!«• 

'"•lii 

w,nt 

I— ,~- 

Cm-.* 

/ 

< 

s 

« 

X 

"— 

-,. 

t-r 

/x*r 

/... 

..... 

--.. 

-.4 

<*» 

vx. 

^4tf 

MM.H. 

0  IS 

,r. 

^.< 

*«< 

**/ 

'"^0 

" 

"* 

J'> 

^^« 

M4^ 

»« 

"■' 

'" 

"' 

.4, 

These  curves  show  candle-power  readings  on  6.6  ampere 
series  lamps  of  the  alternating-current,  enclosed  type  under 
various  power  consumptions. 

The  upper  figure  gives  the  so-called  polar  diagram  for  the 
lamp  marked  "J"  taken,  Curve  i,  when  the  power  consumed  in 
the  lamp  is  240  watts,  Curve  2,  342  watts,  and  Curve  3,  480 
watts.  In  this  diagram  the  lamp  is  supposed  to  occupy  the  posi- 
tion "O"  at  the  center  of  the  radiating  lines.  The  values  of  the 
intensity  of  the  light,  in  candle-power,  measured  in  different  di- 
rections, is  laid  on  lines  lying  at  o  degrees,  15  degrees,  30  de- 
grees, 45  degrees,  60  degrees,  and  75  degrees  with  the  horizontal. 
These  points  are  then  connected  by  a  curve  as  shown  in  the 
figure.  Such  curve  is  known  as  the  distribution  curve  for  the 
lamp. 


CURVES  OF  DIFFERENT  TYPES  OF  LAMPS. 


67 


The  diagrams  to  the  right  of  the  polar  diagram  show  the 
same  facts  in  a  slightly  diflferent  manner.  The  line  AB  here 
takes  the  place  of  the  point  "O,"  and  the  candle-power  at  the 
various  angles  is  measured  off  to  the  right  of  this  line.  The 
curved  line  then  shows  the  change  of  candle-power  with  the 
change  of  angle. 

The  lower  figure  refers  to  lamp  "IM"  and  presents  the  candle- 
power  of  the  lamp  at  different  angles  for  a  power  consumption 
of  392  watts,  Curve  4,  and  of  427  watts,  Curve  5. 

The  diagram  in  the  lower  left-hand  corner  is  a  candle-power 
consumption  curve  and  is  sufficiently  labeled  to  be  readily  un- 
derstood. 


EXHIBIT  NO.  32. 
Polar  Curves. 


68  LAMP   CARBONS—MAP. 


EXHIBITS  NOS.  33  and  34. 

These  exhibits  were  an  upper  and  a  lower  carbon  from  a 
direct-current  series  open  arc  lamp.  These  are  illustrated  by 
Figure  i8-b  of  Exhibit  B. 


EXHIBITS  NOS.  35  and  36. 

These  exhibits  were  an  upper  and  a  lower  carbon  from  an  al- 
ternating-current series  enclosed  arc  lamp.  These  are  illustrated 
by  Figure  i8-a  of  Exhibit  B. 


EXHIBIT  NO.  37. 

This  exhibit  was  a  memorandum  map  of  Colorado  Springs  in- 
troduced for  the  purpose  of  identifying  the  location  of  the  lamps 
"J"  and  "M,"  on  which  measurements  were  made  on  the  street 
by  Professors  Shedd  and  Matthews.  Said  lamps  being  removed 
to  Purdue  University  for  candle-power  measurements. 


ILLUMINATION  CURVES. 
EXHIBIT  NO.  38. 
ARC  LAMPS— ILLUMINATION  CURVES 


69 


Curves        .... 

A.  A< 

B,  B> 

C,  C« 

Type  ot  Lamp  .              A 

Series  Alt. 
Enclosed. 
6.G  Amps. 

Series  Cont. 
Cor.  Open. 
6.6  Amps. 

Series  Cont. 
Cur.  Open. 
9.6  Amps. 

voi»!J{$;?„    : 

71 
76 

48.5 

m 

46 
48 

Watts.  Actual  . 

425 

330 

480 

Globe j 

Inner,  Opal 
Outer,  Clear 

[       Clear 

Clear 

Carbon       ...       .J 
Arc  in  luean  position  for  a! 

Electra 
Upper.  Solid 
Lower,  Cored 
1  tests. 

National 

Copper 

Coated 

National 

Copper 

Coated 

70  BLACKBOARD   SKETCHES. 


EXHIBIT  NO.  39. 

This  exhibit  was  a  series  of  free-hand  sketches  made  on  the 
blackboard  by  Mr.  W.  D'A.  Ryan,  of  which  no  permanent  record 
was  made. 

The  information  given  is  practically  all  covered  by  the  testi- 
mony of  Mr.  Ryan  in  connection  with  Exhibits  Nos,  31,  32,  38, 
40,  41  and  various  Figures  of  Exhibit  B. 


POLAR  DIAGRAM. 


71 


EXHIBIT  NO.  40. 


Polar  diagram  of  A.  C.  lamps. 


^n^!  3.aed     Arc      Lamps.     .  _ 

Aifi^rnoting      Currsnf. 

Photometi~ic      Tesfs. 
Maort  Di.sff-it>ufion  of    Light    im    o     Vert ico/    Plane. 


opa/ 0ncAo*tn^ 


O'tJOt^raiifWflaM 


Mij/fipJt  cirev'*,  lOdvo/fm  «/  fmrmtfta^tt^ 
7S  mVO  of  ore.  CO  c 


WO'A  ftyory. 


72 


POLAR   DIAGRAM. 


EXHIBIT  NO.  41. 


Polar  diagram  of  D.  C.  lamps. 


Eneloaed    Ar-c     Larnps. 
Direct    Cuf-r-emt. 

PHofometi~ic  Te-at-a. 
Maori  Diatr'ibufion    of  Lighf  in   a   l/erfical  Plana. 


J.   C.  ARC  EXPERIMENTS. 


EXHIBITS  NOS.  42  AND  43. 


Exhibit  No.  42.     Dies  with  30%   segments 


Exhibit  No.  43.     Diminution  of  light  by  rotating  segments. 


A.   C.   ARC  EXPERIMENTS. 


EXHIBITS  NOS.  44  AND  45. 


Exhibit  No.  44.     Diminution  of  light  by  stationary  segment. 


Exhibit  No.  45.     A.  C.  arc  on  rotating  screen. 


COUXCIL   RESOLUriOX.  7i 


EXHIBIT  NO.  46. 

THE  RESOLUTION  OF  THE  CITY  COUNCIL  AUTHOR- 
IZING  THE    PIKE'S    PEAK   HYDRO-ELECTRIC 
CO.  TO  BEGIN  THE  USE  OF  CITY  WATER 
AND  FURNISHING  OF  LIGHT. 

Extract  from  the  Council  Proceedings  of  January  16,  1905. 
Rec.  9,  page  397. 

Alderman  Perkins  introduced  the  following  resolution  which 
was  read : 

WHEREAS,  the  Pike's  Peak  Hydro-Electric  Company,  the 
owner  by  assignment  of  the  franchise  heretofore  granted  to 
George  W.  Jackson,  his  associates  and  assigns,  has  notified  the 
City  that  it  will  soon  be  in  a  position  to  furnish  the  City  the 
street  lights  and  other  lighting  as  provided  for  in  said  ordinance, 
and  in  the  absence  of  extraordinary  occurrence  will  be  able  to 
furnish  said  lights  not  later  than  the  15th  day  of  February,  1905; 
and, 

WHEREAS,  the  City  has  requested  the  Hydro-Electric  Com- 
pany to  turnish  all  current  which  is  necessary  for  lighting  the 
new  City  Hall  instead  of  the  limited  number  of  lights  provided 
for  in  said  franchise,  which  said  request  the  said  Company  has 
granted ;  and, 

WHEREAS,  it  will  be  necessary  as  soon  as  the  said  Company 
requests  it  for  the  City  to  turn  the  City  water  into  the  pipe  line 
of  said  Company; 

THEREFORE,  BE  IT  RESOLVED,  That  the  Chairman  of 
the  Water  Committee  or  his  duly  authorized  representative  be 
and  he  is  hereby  authorized  and  directed  to  turn  water  into  the 
pipe  line  of  said  company,  at  any  time  upon  request  of  said  com- 
pany, and 

RESOLVED,  FURTHER,  That  the  Council  hereby  accepts 
the  arrangement  heretofore  suggested  to  and  accepted  by  the  said 
company,  that  said  company  furnish  to  the  city  the  electric  cur- 
rent necessar\'  for  the  proper  lighting  of  the  City  Hall  building, 
in  lieu  of  the  free  lights  required  under  the  Ninth  Section  of  said 
franchise,  the  said  arrangement  to  continue  during  the  pleasure 
of  the  Citv  Council,  and 

RESOLVED,  FURTHER,  That  nothing  in  this  arrange- 


74  COUNCIL  RESOLUTION. 

ment  shall  be  construed  as  in  any  way  modifying  or  impairing 
the  validity  or  the  obligations  of  said  franchise,  and 

RESOLVED,  That  forthwith  upon  the  commencement  of 
operations  by  the  said  Hydro-Electric  Company  the  city  avail  it- 
self of  the  provisions  of  said  franchise  relating  to  the  lighting  of 
the  streets  of  the  city,  and  to  notify  the  Colorado  Springs  Electric 
Company  of  the  termination  of  the  city's  contract  with  it,  all  in 
accordance  with  the  provisions  of  said  contract. 

Alderman  Perkins  moved,  seconded  by  Alderman  Holden,  that 
the  resolution  be  adopted  as  read.  The  Clerk  called  the  roll  of 
Alderrhen  upon  the  motion  and  the  Aldermen  each,  upon  their 
name  being  called,  voted  as  follows :  Banning,  Dunbar,  Hill, 
Holden,  Patton,  Perkins,  Verner,  yea.  Absent,  Mr.  President. 
All  the  Aldermen  present  voting  yea,  the  President  declared  the 
motion  carried  and  resolution  adopted. 

STATE  OF  COLORADO 
COUNTY  OF  EL  PASO 

I,  K.  M.  MacAIillan,  Clerk  of  the  City  of  Colorado  Springs, 
County  and  State  aforesaid,  do  hereby  certify  that  the  above  and 
foregoing  is  a  true  and  correct  copy  of  an  Extract  from  the 
Council  Proceedings  of  January  i6,  1905,  as  recorded  in  Record 
9,  page  397,  as  the  same  now  appears  in  my  office. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand  and 
affixed  the  seal  of  the  City  this  fourth  day  of  February,  A.  D., 
1907. 

(Signed)  K.  M.  MACMILLAN. 
[SEAL] 


TAFF'S  LETTER.  75 

EXHIBIT  NO.  47. 

THE  PIKE'S  PEAK  HYDRO-ELECTRIC  COMPANY. 

Main  Office: 
203  Mining  Exchange  Bldg.,  Colorado  Springs,  Colo. 
Branch  Office:  Manitou,  Colorado. 

Colorado  Springs,  Colo.,  January  12,  1905. 
To  the  Mayor  and  City  Council, 

Colorado  Springs,  Colo. 
Gentlemen :  1 

Referring  to  the  commencement  of  operations  by  the  Pike's 
Peak  Hydro-Electric  Company,  I  desire  to  say  that  the  company 
will  very  shortly  be  in  a  position  to  conduct  the  city's  water 
through  the  pipe  line  and  to  commence  the  furnishing  of  the 
street  lights  and  the  other  lighting  for  the  city,  in  accordance 
with  the  provisions  of  Section  9,  of  the  ordinance  heretofore 
granted  to  George  W.  Jackson,  his  associates  and  assigns,  under 
which  the  said  Hydro-Electric  Company  is  operating.  Owing  to 
the  severe  weather  now  prevailing,  it  is  impossible  to  tell  the 
exact  date  upon  which  the  company  will  be  in  position  to  per- 
form this  service  but  the  pipe  is  completely  installed  and  there 
remains  some  calking  to  be  done.  As  the  water  cannot  be 
turned  in  the  pipe  in  the  first  instance,  except  under  favorable 
weather  conditions,  I  beg  to  request  that  your  council  may  take 
such  action  as  it  may  deem  proper  in  authorizing  some  one  to 
turn  the  water  into  the  company's  pipe  line  when  requested,  the 
connection  having  been  made,  and  in  the  absence  of  any  extra- 
ordinary occurrence  the  company  will  be  in  position  to  furnish 
the  city  with  lights  as  above  stated  not  later  than  the  15th  day  of 
February,  1905.  Very  respectfully  yours, 

(Signed)  G.  A.  TAFF, 

President, 
The  Pike's  Peak  Hydro-Electric  Company. 
STATE  OF  COLORADO         j 
COUNTY  OF  EL  PASO  [  ^^ ' 

I,  K.  M.  MacMillan,  City  Clerk  of  Colorado  Springs,  County 
and  State  aforesaid,  do  hereby  certify  that  this  is  a  true  and  cor- 
rect copy  as  shown  on  the  records  on  file  in  my  office. 

Certified  to  this  4th  day  of  February,  A.  D.,  1907. 

(Signed)  K.  M.  MACMILLAN, 

City  Clerk. 


76      CONTRACT— PIKH'S    PEAK    CO.    AND    COLORADO    CO. 


EXHIBIT    48. 

NEWSPAPER    CLIPPING    OF    CONTRACT    BETWEEN 

THE  PIKE'S  PEAK  HYDRO-ELECTRIC  CO.  AND 

THE  COLORADO  SPRINGS  ELECTRIC  CO. 

THIS  AGREEMENT,  made  and  entered  into  this  31st  day 
of  January,  A.  D.,  1903,  by  and  between  the  Pike's  Peak  Hydro- 
Electric  Company,  a  corporation  organized  and  existing  under 
and  by  virtue  of  the  laws  of  the  State  of  Colorado,  party  of  the 
first  part,  hereinafter  referred  to  as  "The  Power  Company,"  and 
the  Colorado  Springs  Electric  Company,  a  corporation  organized 
and  existing  under  and  by  virtue  of  the  laws  of  the  State  of  Colo- 
rado, party  of  the  second  part,  hereinafter  referred  to  as  "The 
Electric  Company,"  WITNESSETH,  that 

WHEREAS,  the  Power  Company  is  owner  of  a  certain  fran- 
chise granted  to  George  W.  Jackson  by  an  ordinance  passed  by 
the  City  Council  of  the  City  of  Colorado  Springs,  September  8, 
1898,  giving  to  the  said  Jackson,  his  associates  or  assigns,  the 
right,  among  other  things,  to  use  the  water  of  the  water-supply 
system  of  the  said  City  for  the  power  purposes,  and  the  said 
Power  Company  is  about  to  construct  the  necessary  works  and 
plants  for  developing  and  utilizing  the  said  water  power  and 
transmitting  electrically  the  said  power  so  developed  to  the  City 
of  Colorado  Springs  and  other  places,  and  is  desirous  of  obtaining 
a  market  therefor ;  and 

WHEREAS,  the  Electric  Company  is  engaged  in  the  business 
of  supplying  electricity  for  light,  power  and  other  purposes  in  the 
City  of  Colorado  Springs  and  other  places  in  the  vicinity,  and  is 
the  owner  of  a  power-transmission  plant  located  near  Colorado 
Springs  which  is  operated  by  steam,  and  of  a  distributing  station 
and  distributing  system  covering  Colorado  Springs,  Colorado 
City,  and  other  places  in  that  vicinity; 

NOW,  THEREFORE,  the  parties  above  named  have  agreed 
as  follows : 

I.  The  Electric  Company  agrees  to  take  from  the  Power  Com- 
pany, and  pay  for,  at  the  price  and  upon  the  terms  and  conditions 
hereinafter  specified,  all  of  the  electric  power  used  by  it  from  the 
time  when  the  Power  Company  is  ready  to  supply  the  same  and 
thereafter  during  the  continuance  of  this  agreement,  except  an 
amount  not  exceeding  an  average  of  175,000  Kilowatt-hours  per 
month  for  not  more  than  eight  months  each  year,  which  it  re- 
serves the  right  to  generate  for  itself. 


CONTRACT— PIKE'S    PEAK    CO.    AND    COLORADO    CO.      77 

2.  The  Power  Company  agrees  to  commence  at  once,  and  to 
proceed  diligently  with,  the  construction  of  the  necessary  works 
and  plants  for  developing  the  said  water  power  and  supplying 
the  said  electric  power  to  the  Electric  Company,  and  to  have  the 
same  ready  for  delivering  to  the  Electric  Company  (in  addition 
to  whatever  power  may  be  required  to  fulfill  the  terms  of  a  con- 
tract with  the  Colorado  Springs  Interurban  Railway  Co.  herein- 
after referred  to)  an  average  of  not  less  than  one  thousand  one 
hundred  and  fifty  (1,150)  Kilowatts  per  hour,  daily  average, 
based  on  a  load  factor  of  fifty  to  fifty-five  per  cent.,  not  later  than 
the  first  day  of  October.  1903.  and  to  supply  to  the  Electric  Com- 
pany continuously  from  that  time  on  during  the  continuance  of 
this  agreement,  all  of  the  electric  power  required  by  the  Electric 
Company  for  use  in  its  business,  up  to  the  full  capacity  of  the  said 
water  power  (less  the  amount  of  175.000  Kilowatt-hours 
monthly,  if  the  Electric  Company  elects  to  generate  for  itself  that 
amount),  subject  only  to  the  reservation  specified  in  the  next 
paragraph  below.  Should  the  Power  Company  be  able  to  furnish 
electric  power  in  excess  of  the  capacity  of  said  water  power, 
whether  generated  by  water,  steam  or  otherwise,  the  Electric 
Company  agrees,  subject  to  the  reservations  herein  expressed,  to 
take  from  the  Power  Company  all  of  the  electric  power  it  requires 
in  its  business  during  the  continuance  of  this  agreement,  even  if 
the  power  so  taken  exceeds  the  capacity  of  the  said  water  power. 
Should  the  Power  Company  be  ready  to  supply  all  the  electric 
power  required  by  the  Electric  Compan}-.  or  such  part  of  the 
same  as  to  enable  the  Electric  Compan\'  to  dispense  with  one 
full  shift  at  its  main  plant,  at  an  earlier  date  than  the  first  day  of 
October,  1903.  the  Electric  Company  shall,  upon  thirty  days' 
notice  in  writing  of  the  Power  Company's  readiness  to  supply 
such  electric  power,  take  and  pay  for  the  same  from  such  earlier 
date. 

The  term  "load  factor"  as  used  in  this  agreement  is  the  per- 
centage which  the  average  amount  of  power  used  constitutes  of 
the  maximum  amount  of  power  used  during  such  period ;  for 
example,  if  the  average  consumption  for  twenty-four  hours  is  one 
thousand  kilowatts  per  hour,  and  the  maximum  consumption  at 
any  time  within  the  twenty-four  hours  is  two  thousand  kilo- 
watts, the  load  factor  would  be  fifty. 

3.  The  Power  Company  covenants  and  agrees  that  it  will  not, 
during  the  continuance  of  this  agreement,  sell  or  furnish  any  cur- 
rent for  lighting,  power  or  any  other  purpose  to  any  person,  firm 
or  corporation  other  than  the  Electric  Company  (except  to  the 
Colorado  Springs  Interurban  Railway  Company  in  case  a  con- 
tract is  iTiade  between  the  Power  Company  and  the  said  Railway 
Company  in  pursuance  of  negotiations  now  pending)  for  use  in 
any  territory  in  El  Paso  County,  east  of  a  line  drawn  through 
the  most  easterly  point  of  the  City  of  Manitou  as  at  present  con- 


-8      CONTRACT— PIKE'S    PEAK    CO.    AND    COLORADO    CO. 

stituted,  and,  subject  to  the  reservations  specified  in  this  para- 
graph, agrees  to  supply  to  the  Electric  Company  so  much  of  the 
total  output  of  the  Power  Company,  up  to  the  full  capacity  of 
the  said  water  power,  as  the  Electric  Company  may  require  from 
time  to  time  for  use  in  its  business,  as  ami  when  required  by  the 
Electric  Company.  The  Power  Company  reserves  the  right, 
however,  to  use  for  supplying  its  customers  in  the  City  of  Mani- 
tou,  for  use  only  in  said  city  and  west  of  said  city  and  its  most 
easterly  line,  a  maximum  of  ten  per  cent,  of  its  average  Kilowatt 
production  from  April  15th  to  October  15th  of  each  year,  during 
the  continuance  of  this  agreement,  and  the  Power  Company  also 
reserves  the  right  to  sell  or  dispose  of  in  the  Cripple  Creek  Dis- 
trict, or  any  other  place  west  of  the  most  easterly  point  of  the 
City  of  Manitou,  or  any  territory  outside  of  El  Paso  County,  for 
use  only  in  said  places,  any  surplus  electric  power  it  may  have 
from  time  to  time  available  above  the  requirements  of  the  Elec- 
tric Company  at  the  time,  including  a  sufficient  reserve  to  pro- 
vide for  the  usual  and  normal  growth  of  the  Electric  Company's 
business. 

The  Electric  Company  agrees  to  furnish  power  to  the  Power 
Company  in  Colorado  Springs  at  the  same  rate  as  the  contract 
price  plus  line  loss,  the  amount  furnished  by  the  Electric  Com- 
pany to  the  Power  Company  not  to  exceed  ten  (10)  Kilowatts 
per  hour.  The  amount  so  furnished  shall  not  be  counted  in 
making  estimates  for  minimum  charge  or  discounts,  and  the 
power  so  delivered  to  the  Power  Company  in  Colorado  Springs 
shall  be  used  only  by  the  Power  Company  for  its  own  purposes, 
and  shall  not  be  sold  or  come  into  competition  in  any  way  with 
the  Electric  Company's  business. 

The  Power  Company  covenants  and  agrees  that  in  case  a  con- 
tract is  closed  between  it  and  The  Colorado  Springs  Interurban 
Railway  Company  for  the  supply  of  power  to  the  said  Railway 
Company,  the  price  charged  the  Railway  Company  shall  not  be 
less  than  six  and  one-quarter  mills  per  Kilowatt  hour>  and  the 
said  contract  shall  strictly  limit  the  use  of  all  power  supplied  by 
the  Power  Company  to  the  operation  of  the  Railway  of  said  Rail- 
way Company,  and  lighting  its  property,  and  prohibit  the  use  of 
such  power  for  any  other  purposes. 

And  the  Power  Company  further  covenants  and  agrees  that 
it  will  on  or  before  the  first  day  of  June,  1903,  assign  the  said 
contract  to  the  Electric  Company  upon  the  execution  of  an 
agreement  by  the  Electric  Company  to  pay  to  the  Power  Com- 
pany for  all  power  generated  by  the  Power  Company  and  sup- 
plied to  the  Railway  Compan3%  in  addition  to  the  rates  herein 
specified,  one-half  of  the  excess  over  such  rates  received  from  the 
Railway  Company  after  deducting  loss  on  such  power  which  is 
fixed  for  the  purposes  of  this  agreement  at  five  per  cent. 

The  Electric  Company  is  to  receive  the  full  compensation  de- 


CONTRACT— PIKE'S    PEAK    CO.    AND    COLORADO    CO.      79 

rived  from  the  said  contract  until  the  Power  Company's  plant  is 
in  operation. 

4.  All  electric  power  supplied  under  this  agreement  shall  be 
delivered  at  the  eastern  limit  of  the  City  of  Alanitou  to  trans- 
mission lines  to  be  furnished  by  the  Electric  Company,  and  the 
Power  Company  agrees  to  provide  and  maintain,  at  its  own  ex- 
pense, all  generating  plants,  pole-lines,  switchboards  and  other 
equipments,  appliances  and  devices  necessary  for  generating  the 
said  electric  power  and  delivering  it  upon  the  lines  of  the  Electric 
Company  as  above  provided.  All  works,  plants,  pole-lines  and 
other  apparatus  of  the  Power  Company  shall  be  of  the  best  and 
most  modern  design  and  construction,  and  all  transmission  lines 
of  the  Power  Company  shall  be  equipped  with  two  circuits  of 
three  wires  each,  for  conveying  said  current,  said  circuits  to  be 
of  the  same  size  and  carrying  capacity  as  the  circuits  to  be  erect- 
ed by  the  Electric  Company  extending  from  8th  Street,  Colorado 
City,  to  the  eastern  limits  of  Manitou.  All  Power  supplied  by 
the  Power  Company  shall  be  supplied  in  the  form  of  three-phase, 
sixty  cycles  alternating  electric  current  of  the  standard  electro- 
motive force  of  6,000  volts  used  by  the  Electric  Company  on  its 
main  transmission  lines,  and  shall  be  at  all  times  regulated  for 
constant  electro-motive  force  and  synchronous  operation  with 
the  generators  of  the  Electric  Company  according  to  the  best 
and  most  approved  modern  regulating  appliances. 

5.  The  Electric  Company  covenants  and  agrees  that  it  will 
not  sell  or  supply  current  for  lighting,  power  or  other  purposes 
to  any  person  or  persons  for  use  in  the  city  of  Manitou,  except 
as  it  may  be  required  so  to  do  in  fulfillment  of  its  existing  agree- 
ment with  William  A.  Bell. 

The  Electric  Company  hereby  agrees  to  pay  the  Power  Com- 
pany during  the  last  five  years  of  the  term  of  the  said  contract 
with  the  said  William  A.  Bell  (the  full  term  of  the  said  contract 
being  ten  years  from  March  15,  1901)  as  amount  computed 
monthly  equivalent  to  the  difference  between  the  monthly  re- 
ceipts by  the  Electric  Company  under  the  said  agreement,  and 
the  actual  monthly  cost  (which  shall  be  considered  as  six  mills 
per  Kilowatt-hour)  to  the  Electric  Company  of  the  power  deliv- 
ered to  the  said  Bell  under  the  said  agreement.  The  Electric 
Company  further  agrees  that  it  will  appoint  as  its  representative 
to  take  readings  of  the  meter  or  meters  used  for  measuring  the 
electric  power  supplied  under  the  said  agreement  to  the  said  Bell 
during  the  said  last  five  3'ears  of  the  same,  a  person  to  be  nomin- 
ated by  the  Power  Company,  and  will  give  such  person  so  nom- 
inated by  it  and  appointed  by  the  Electric  Company,  all  of  the 
rights  which  are  given  under  the  said  agreement  with  the  said 
Bell  to  the  representative  of  the  Electric  Company  in  regard  to 
inspecting  and  testing  the  said  meters. 

The  amount  of  electric  power  so  furnished  to  William  A,  Bell 


So      COX  TRACT— PIKH'S    PEAK    CO.    AND    COLORADO    CO. 

during  the  last  five  years  shall  not  be  counted  in  making  esti- 
mates for  minimum  charge  or  discounts.  A  copy  of  the  said 
agreement  between  the  Electric  Company  and  William  A.  Bell 
is  annexed  to  this  contract  as  Exhibit  "A." 

6.  The  Power  Company  covenants  and  agrees  to  give  contin- 
uous and  uninterrupted  service  to  the  Electric  Company  accord- 
ing to  the  best  and  most  modern  standards  of  engineering  prac- 
tice, and  to  maintain  all  of  its  plants,  apparatus,  transmission 
lines  and  appliances  at  the  most  efficient  point  of  operation  dur- 
ing the  period  covered  by  this  agreement. 

7.  All  power  supplied  under  this  agreement  shall  be  paid  for 
by  the  Electric  Company  monthly,  and  accounts  for  each  cal- 
endar month  shall  be  made  up  and  settled  on  or  before  the  tenth 
day  of  the  succeeding  month.  When  the  average  daily  load 
factor  for  such  calendar  month  is  from  fifty-seven  per  cent.,  and 
the  monthly  consumption  does  not  exceed  one  million  (1,000,000) 
Killowatt-hours,  the  rate  shall  be  five  and  eighty-five  hundredths 
mills  per  Killowatt-hour.  When  the  average  daily  load  factor 
for  any  month  is  greater  than  fifty-seven  per  cent.,  the  rate  per 
Kilowatt-hour  is  to  be  diminished  at  the  rate  of  five  one-hun- 
dredths  of  a  mill,  for  each  per  cent,  of  increase  in  load  factor  up 
to  sixty-two  per  cent.,  and  when  the  average  daily  load  factor  for 
any  month  is  less  than  fifty-seven  per  cent.,  the  rate  per  Kilowatt- 
hour  is  to  be  increased  by  five  one-hundredths  of  a  mill  for  each 
per  cent,  of  such  decrease  of  load  factor  down  to  forty-five  per 
cent,  inclusive,  but  no  account  is  to  be  taken  in  fixing  the  rate  of 
any  possible  increase  in  load  factor  above  sixty-two  per  cent,  or 
any  decrease  below  forty-five  per  cent. 

In  case  the  contract  with  the  Colorado  Springs  Interurban 
Railway  Company  herein  referred  to,  is  executed,  either  by  the 
Power  Company  or  the  Electric  Company,  then  during  its  con- 
tinuance, it  is  agreed  that  no  reduction  in  price  per  Kilowatt- 
hour  shall  accrue  to  the  Electric  Company,  for  any  increase  in 
load  factor,  unless  said  load  factor  shall  exceed  eighty  per  cent. 
For  any  such  excess  above  eighty  per  cent.,  a  reduction  in  price 
shall  be  conceded  to  the  Electric  Company,  as  hereinbefore  pro- 
vided, for  each  per  cent,  of  said  excess  up  to  and  including 
eighty-five  per  cent. 

When  the  amount  of  electric  power  received  by  the  Electric 
Company  exceeds  an  average  of  one  million  (1,000,000)  Kilo- 
watt-hours per  month,  for  any  year,  a  discount  at  the  rate  of  five 
one-hundredths  of  a  mill  per  Kilowatt-hour  is  to  be  allowed  by 
the  Electric  Company  upon  the  rates  fixed,  as  above  provided, 
for  each  hundred  thousand  (100,000)  Kilowatt-hours  per  month 
so  received  by  the  Electric  Company  above  the  said  amount  of 
one  million  (1,000,000)  Kilowatt  hours  per  month,  and  propor- 
tionately for  any  fraction  of  one  hundred  thousand  (100,000) 
Kilowatt-hours  per  month,  provided,  however,  that  the  rate  shall 


COXTRACT— PIKE'S  PEAK  CO.  AND  COLORADO  CO.        8i 

in  no  event  be  less  than  five  and  fifty-five  hundredths  mills  per 
Kilowatt-hour. 

Provided  also,  that  during  such  months  as  the  Electric  Com- 
pany exercises  its  privilege  to  manufacture  any  part  of  the 
175,000  Kilowatt-hours  mentioned  in  Article  i  hereof,  no  rebate 
shall  be  allowed  on  account  of  load  factor  increase,  until  said 
load  factor  increase  has  reached  sixty-four.  Then  from  sixty-five 
to  sixty-nine,  both  inclusive,  a  rebate  shall  be  allowed  of  five  one- 
hundredths  of  a  mill  per  Kilowatt-hour  for  each  per  cent,  of  such 
increase,  but  no  account  is  to  be  taken  of  any  increase  in  load 
factor  beyond  sixty-nine. 

During  the  life  of  the  contract  with  the  Railway  Company 
herein  referred  to,  the  reduction  in  price  upon  load  factor  ac- 
count, when  the  Electric  Company  is  exercising  its  privilege  of 
manufacturing  power  at  its  sub-station,  shall  be  operative  only 
between  load  factors  of  eighty-two  and  eighty-seven  per  cent. 

8.  The  amount  of  power  supplied  by  the  Power  Company  and 
used  by  the  Electric  Company  under  this  agreement  shall  be  de- 
termined by  suitable  v.att  meters  of  some  standard  manufacture, 
10  be  furnished  by  the  Power  Company  and  placed  in  the  Power 
Company's  main  distributing  station  in  Manitou.  AH  meters 
used  for  this  purpose  shall,  before  they  are  put  in  use,  be  tested 
in  the  presence  of  the  engineers  or  other  authorized  representa- 
tives of  both  parties,  in  the  Power  Company's  distributing  sta- 
tion at  Manitou  on  the  transmission  lines  operated  from  its  water 
power  station,  and  under  the  same  conditions  of  load  and  power 
factor  under  which  they  are  to  be  normally  operated,  and  there- 
upon the  seal  of  both  parties  shall  be  applied  thereto,  and  the 
said  meters  shall  not  be  opened  for  inspection  thereafter  except 
in  the  presence  of  authorized  representative  of  both  parties,  but 
the  said  meters  shall  at  all  times  be  open  to  the  inspection  of  the 
Electric  Company,  or  its  duly  authorized  representative,  in  the 
presence  of  the  engineer  or  other  authorized  representative  of 
the  Power  Company.  In  case  of  any  dispute  as  to  the  accuracy 
of  the  meters  so  used,  or  any  of  them,  the  Electric  Company,  or 
its  duly  authorized  representative,  shall  be  allowed  to  test  the 
same  at  any  time  in  the  presence  of  the  engineer  or  other  author- 
ized representative  of  the  Power  Company,  and  if  the  tests  so 
made  do  not  agree  with  those  of  the  Power  Company,  the  parties 
shall  insist  upon  some  competent  electrician  not  connected  with, 
or  interested  in,  either  party,  to  test  the  same,  and  his  determina- 
tion shall  be  binding  on  both  parties,  and  all  unsettled  accounts 
for  power  measured  by  such  meter  shall  be  settled  on  the  basis 
of  such  determination.  If  the  parties  fail  to  agree  in  the  appoint- 
ment of  such  electrician  within  ten  days  after  either  notifies  the 
other  in  writing  of  its  desire  to  have  such  appointment  made, 
each  party  shall  appoint  one  competent  disinterested  electrician, 
r.rid  the  two  so  nominated  shall  make  the  test  provided  for,  and 


82         CONTRACT—PIKE'S  PEAK   CO.  AND   COLORADO   CO. 

if  they  are  not  able  to  agree  as  to  results,  they  shall  appoint  a 
third  disinterested  electrician,  and  the  three  shall  make  such  test, 
and  the  dele  rmination  of  any  two  of  the  said  three  electricians 
so  appointed  shall  be  binding  upon  all  parties,  and  all  accounts 
for  power  measured  by  such  meters  from  the  time  when  the  dis- 
agreement arose  in  regard  to  its  accuracy  shall  be  settled  upon 
the  basis  of  such  determination.  If  either  the  Power  Company 
or  the  Electric  Company  fails  to  appoint  an  electrician  as  above 
provided  within  ten  days  after  receiving  written  notice  from  the 
other  requiring  such  appointment  to  be  made,  the  party  so  failing 
to  appoint  shall  pay  to  the  other,  as  liquidated  damages,  the  sum 
of  one  thousand  dollars  ($i,ooo)  for  each  and  every  failure  to 
make  such  appointment. 

The  Power  Company  shall  furnish  promptly  proper  facilities 
for  all  tests  herein  provided  for,  and  the  expenses  of  all  such  tests 
shall  be  divided  equally  between  the  parties  hereto. 

The  Electric  Company  shall  have  the  right  to  its  option  to  fur- 
nish and  install  at  its  own  expense  in  the  Power  Company's  sta- 
tion at  Manitou,  and  to  connect  with  the  Power  Company's 
transmission  lines,  such  additional  meters  as  it  may  desire  to  use 
as  a  check  upon  the  meters  of  the  Power  Company.  The  Power 
Company  shall  furnish  all  proper  facilities  for  the  installation  of 
such  meters  (but  without  expense  to  it,  all  of  the  expense  of  in- 
stalling and  caring  for  the  same  to  be  borne  by  the  Electric 
Company),  and  the  Electric  Company  shall  have  free  access  to 
such  meters  at  all  times  and  be  provided  with  proper  facilities 
for  examining  and  testing  the  same,  but  if  such  meters  be  in- 
stalled, they  shall  at  all  times  be  subject  to  the  regulations  re- 
garding testing  and  inspecting,  as  are  above  outlined  for  the 
meters  to  be  installed  by  the  Power  Company. 

9.  The  Electric  Company  agrees  to  pay  to  the  Power  Company 
(exclusive  of  the  amount  which  may  be  due  the  Power  Company 
upon  account  of  power  used  by  the  Railway  Company),  a  mini- 
mum of  sixty  thousand  dollars  ($60,000)  per  year  for  the  power 
supplied  to  it  during  the  continuance  of  this  agreement,  com- 
mencing from  the  time  when  the  Power  Company  has  its  works 
and  plants  completed  and  is  ready  to  meet  fully  the  requirements 
of  the  Electric  Company  for  power  up  to  the  full  capacity  of  the 
said  water  power  (the  Electric  Company,  however,  to  have  thirty 
days'  notice  as  provided  above  in  case  such  works  and  plants  are 
completed  prior  to  the  first  day  of  October.  1903),  provided,  how- 
ever, that  the  provisions  of  this  paragraph  shall  not  apply  to  any 
year  during  which  the  Electric  Company  shall  require  and  be 
ready  to  receive  power  amounting,  at  the  rates  above  specified, 
to  the  said  minimum  amount  and  the  Power  Company  shall  fail 
to  apply  the  same,  and  for  any  such  year  the  Electric  Company 
shall  pay  only  for  the  power  actually  received  by  it.  If  the  price 
of  the  power  received  by  the  Electric  Company  amounts,  at  the 


CONTRACT— PIKE'S  PEAK  CO.  AND  COLORADO  CO.         83 

rates  hereinbefore  specified,  to  less  than  the  said  minimum  sum 
for  any  year  to  which  this  paragraph  appHes,  the  balance  re- 
quired to  pa}'  such  minimum  sum  shall  be  paid  over  by  the  Elec- 
tric Company  within  twenty  days  after  the  accounts  for  such 
calendar  year  are  made  up. 

10.  Beginning  October  ist,  1906,  the  Electric  Company  shall 
pay  to  the  Power  Company,  in  addition  to  the  amounts  above 
provided,  the  sum  of  four  thousand  dollars  ($4,000)  each  year 
during  the  continuance  of  this  agreement. 

11.  It  is  understood  and  agreed  that  this  contract  is  in  no  wise 
to  be  considered  as  a  waiver  by  the  Power  Company  of  any  of  its 
rights  under  the  said  franchise  granted  to  Geo.  W.  Jackson  by 
the  City  of  Colorado  Springs,  and  that  the  Power  Company  may, 
at  any  time  during  the  life  hereof,  and  at  any  time  after  it  shall 
be  in  position  to  furnish  the  lights  and  power  herein  referred  to, 
demand  of  the  City  of  Colorado  Springs  that  it  permit  the  Power 
Company  to  furnish  to  the  City  of  Colorado  Springs,  and  that  the 
City  purchase  from  the  Power  Company  the  lights  and  power 
provided  for  in.  and  upon  the  terms  and  conditions  mentioned  in 
Section  9  of  the  said  Jackson  franchise  for  the  remainder  of  the 
term  of  said  franchise ;  and  it  is  agreed  that,  when  the  said  City 
of  Colorado  Springs,  voluntarily  or  involuntarily,  permits  the 
Power  Company  to  furnish  the  lights  and  power  as  provided  in 
vSection  9  of  said  Jackson  franchise  for  the  remainder  of  the  term 
thereof,  the  Electric  Company  shall  assume  and  perform  all  of 
the  obligations  of  the  Power  Company  imposed  by  the  said  sec- 
tion, so  far  as  such  obligations  relate  to  the  supply  of  lights  and 
power,  using  its  ow^n  distributing  system  for  that  purpose,  upon 
receiving  an  assignment  from  the  Power  Company  in  due  form 
of  all  of  its  rights  under  the  said  Section  9.  which  assignment  the 
Power  Company  agrees  to  make ;  but  the  Electric  Company  shall 
in  no  way  assume  any  of  the  obligations  of  the  Power  Company 
to  construct  an}'  works  or  plant  for  carrying  out  the  provisions 
of  such  contract,  or  to  turn  over  to  the  City  of  Colorado  Springs 
any  works  or  plants  used  for  performing  such  obligations;  it  be- 
ing understood  between  the  parties  hereto  that  the  Electric  Com- 
pany shall  assume  the  obligations  as  to  supplying  light  and 
power  of  said  Section  9  of  the  Jackson  franchise  when  accepted 
for  the  remainder  of  the  term  thereof  by  the  City  as  above  pro- 
vided, whether  such  acceptance  on  the  part  of  the  City  is  volun- 
tarily enforced ;  inasmuch  as  the  Power  Company  is  by  its  coun- 
sel advised  and  now  believes  that  the  said  Section  9  of  said  Jack- 
son franchise  of  itself,  and  in  connection  with  the  other  sections 
thereof,  constitutes  a  binding  contract  obligating  the  City  of 
Colorado  Springs  to  purchase  its  street  lights  upon  the  terms  and 
conditions  therein  mentioned,  when  and  as  soon  as  the  Power 
Company  shall  be  in  position,  and  the  water  power  shall  have 
been  sufficiently  developed  to  furnish  said  lights,  while  the  Elec- 


84         CONTRACT— PIKE'S  PEAK  CO.  AND  COLORADO  CO. 

trie  Compaii}^  is  advised  by  counsel  and  believes  that  neither  said 
section  of  itself  or  in  connection  with  the  other  sections  of  said 
franchise  constitutes  a  binding'  contract,  but  is  merely  an  option 
on  the  part  of  the  City  of  Colorado  Springs.  The  provisions  of 
this  paragraph  are  understood  by  the  parties,  and  are  to  be  con- 
strued as  in  no  way  conflicting  with  or  abrogating  or  modifying 
the  obligations  of  either  party  under  other  parts  of  this  agree- 
ment. 

12.  This  agreement  shall  continue  in  force  for  the  term  of  six 
teen  (i6)  years  from  its  date,  and  the  Electric  Company  shall 
have  the  right,  at  its  option,  to  continue  the  same  in  force  for  ad- 
ditional term  of  seven  years  upon  gi\  lug  to  the  Power  Company 
TiOtice  in  writing  twelve  months  prior  to  the  expiration  of  the 
said  original  term,  of  its  desire  to  continue  the  agreement  in  force 
for  such  additional  term. 

13.  Neither  party  hereto  shall  be  responsible,  or  liable  for  any 
default,  failure  or  delay  in  carrying  out  any  of  the  stipulations  of 
this  agreement  when  the  same  is  caused  by  the  act  of  God.  labor 
strikes  or  an  injunction  or  other  Court  order. 

14.  If  the  Power  Company  has  not,  by  April  1st,  1903,  |)rose- 
cuted  the  work  contemplated  under  this  agreement  to  point  suf- 
ficiently advanced  to  insure  the  delivery  within  the  time  herein 
limited  of  the  required  amount  of  power  by  the  Power  Company 
to  the  Electric  Company,  then  and  in  that  case  the  Electric  Com- 
pany may,  at  its  option,  notify  the  Power  Company,  at  any  time 
between  April  1st,  and  May  1st,  1903,  of  the  cancellation  of  this 
agreement,  and  such  notice  in  writing,  from  the  Electric  Com- 
pany to  the  Power  Company,  shall  release  both  parlies  hereto 
from  all  conditions  of  this  agreement.  Provided,  however,  that 
it  the  Power  Company  has  done  sufficient  preparatory  work  and 
has  sufficient  orders  placed  and  accepted  by  reliable  manufactur- 
ing concerns  for  deliveries  at  times  early  enough  to  insure  the 
completion  of  the  installation  requisite  to  fulfill  the  terms  of  this 
agreement,  such  work  and  such  orders  so  placed  and  accepted 
shall  be  deemed  sufficient  evidence  that  the  installation  will  be 
made  by  the  Power  Company  within  the  specified  time. 

16.  This  agreement  shall  extend  to  and  be  binding  upon  the 
successors  and  assigns  of  the  parties  hereto. 

IN  WITNESS  WHEREOF,  The  parties  named  have  caused 
their  corporate  names  to  be  signed  hereto  by  their  Presidents  and 
their  corporate  seals  to  be  hereto  affixed  and  attested  by  their 
Secretaries,  the  day  and  year  above  written. 
(Signed)     THE  PIKE'S  PEAK  HYDRO-ELECTRIC  CO. 

(Signed)     G.  A.  TAFF, 
President. 


CONTRACT— PIKE'S  PEAK   CO.  AXD  COLORADO  CO.         85 

Attest : 

(Signed)     S.  T.  HAMILTON, 
Secretary. 
(SEAL) 

THE  COLORADO  SPRINGS  ELECTRIC  CO. 
(Signed)     P.  B.  STEWART, 

President. 
Attest : 

(Signed)  IRVING  W.  BONBRIGHT, 
Secretary. 
(SEAL) 


86  TAFFS  LETTER. 

EXHIBIT  NO.  49. 

THE  PIKE'S  PEAK  HYDRO-ELECTRIC  COMPANY. 

Main  Office:  203  Mining  Exchange  Building, 

Colorado  Springs,  Colo. 

Branch  Office:  Manitou,  Colorado. 

Colorado  Springs,  Colo.,  January  12,  1905. 
To  the  Mayor  and  City  Council, 

Colorado  Springs,  Colo. 
Gentlemen : 

Replying  to  the  oral  request  of  the  lighting  committee  that 
the  Pike's  Peak  Hydro-Electric  Company  agree  to  furnish  the 
City,  free  of  cost,  all  the  electric  current  necessary  for  the  light- 
ing of  the  new  City  Hall  instead  of  the  limited  number  of  lights 
provided  for  in  the  Ninth  Section  of  the  Jackson  Franchise,  I 
beg  to  say  that  I  am  authorized  by  the  company  to  acceed  to  your 
request  and  on  behalf  of  the  company  I  hereby  accept  said  prop- 
osition on  the  understanding  as  stated  by  the  committee  that 
this  agreement  shall  not  be  construed  as  in  any  way  impairing 
the  obligations  or  validity  of  said  franchise,  but  shall  be  con- 
sidered only  as  a  fulfillment  by  the  Pike's  Peak  Hydro-Electric 
Company  of  the  obligations  imposed  by  said  Ninth  Section  of  the 
said  franchise  relative  to  lights  to  be  furnished  free  of  cost,  and 
upon  the  further  understanding  that  this  arrangement  shall  con- 
tinue during  the  pleasure  of  the  City  Council. 

Very  respectfully  yours, 

(Signed)  G.  A.  TAFF. 
[SEAL] 

STATE  OF  COLORADO  ) 
COUNTY  OF  EL  PASO   p^  " 

I,  K.  M.  MacMillan,  City  Clerk  of  Colorado  Springs,  County 
and  State  aforesaid,  do  hereby  certify  that  this  is  a  true  and  cor- 
rect copy  as  shown  on  the  records  on  file  in  my  office. 
Certified  to  this  4th  day  of  February,  A.  D.,  1907. 

(Signed)  K.  M.  MACMILLAN, 

City  Clerk. 


EXHIBITS  SO.   50,  A\   A  2.  87 


EXHIBIT  No.  50. 

This  was  a  lead-pencil  sketch  of  Rousseau  diagrams,  presented 
by  Professor  J.  C.  Shedd,  practically  duplicating  the  information 
contained  in  Exhibit  No.  31.  Not  being  considered  valuable  for 
preservation  it  was  destroyed  by  the  Arbitrators,  after  the  con- 
clusion of  the  hearings. 


EXHIBIT  A  I. 

This  exhibit  was  volume  No.  105  of  the  "Federal  Reporter," 
giving  the  opinion  of  Judge  Sandborne  in  the  case  of  the  Pike's 
Peak  Power  Company  vs.  City  of  Colorado  Springs,  November 
5,  1900. 

This  case  arose  from  the  attempt  of  the  City  to  repeal  the 
"Jackson  Franchise."  The  United  States  Circuit  Court  of  Ap- 
peals upheld  the  validity  of  the  franchise  and  decided  it  had  not 
been  forfeited. 


EXHIBIT  A  2. 

This  exhibit  was  a  volume  of  the  proceedings  of  the  National 
Electric  Light  Association  of  1894  with  particular  reference,  on 
page  282,  to  the  resolution  defining  a  2,000  candle-power  lamp, 
reading: 

"RESOLVED,  that  in  the  opinion  of  this  Convention  what  is  ordina- 
rily known  as  a  two  thousand  candle-power  arc  lamp  is  one  requiring,  on 
the  average,  four  hundred  and  fift}'  watts  for  its  maintenance,  the  meas- 
urements being  made  at  the  lamp  terminals,  where  no  sensible  resistance 
is  included  in  series  with  the  arc.  In  case  such  resistance  is  used,  it 
must  be  excluded  in  the  measurement  of  the  voltage." 

T.  C.  MENDENHALL, 
W.  A.  ANTHONY. 
GEORGE  FORBES, 
WILLIAM  J.  HAMMER. 
EDWARD  WESTON." 


EXHIBIT  B—FIGS.  i  AND  2. 


EXHIBIT  B. 


This  exhibit  was  pamphlet  No.  9,098  issued  by  the  General 
Electric  Company,  being  reprint  of  an  article  by  Mr.  W.  D'A. 
Ryan,  read  before  the  Ohio  Electric  Light  Association  at  Put-in- 
Bay,  Ohio,  U.  S.  A.,  August  20,  21,  22,  1901,  entitled  "Relative 
Merits  of  Open  and  Enclosed  Arc  Lights  for  Street  Illumina- 
tion." 

Extensive  quotations  from  this  pamphlet  were  read  into  the 
expert  testimony  given  by  Mr.  Ryan,  and  is  therefore  not  here 
reproduced ;  the  various  illustrations  in  said  pamphlet,  to  which 
reference  is  made  in  the  testimony,  are  here  shown. 


B     C 


D  B  F  © 

Figure  i — Comparison  of  sun,  arc  and  gas  lights. 


H 
Violot 


Figure  2 — Law  of  inverse  squares. 


EXHIBIT  B—riCS.  3  AXD  4. 

EXHIBIT  B— FIGS.  3  AND  4. 

Candle  Power  Curves. 

Figure  3. 


89 


.  _  jj 


Figure  4. 


90 


EXHIBIT  B—FIGS.   sA,  5B. 


EXHIBIT  B.— FIGS.  5  A,  5  B. 

Candle  Power  Curves. 


Fig.  sA. 


Fig.  sB. 


EXHIBIT  B—FIGS.  6  A,  6  3. 


91 


EXHIBIT  B—FIGS.  6A,  6B. 

Candle  Power  Curves. 

Figure  6A.  Figure  6B. 


9a 


EXHIBIT  B^FIG.  7. 


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EXHIBIT  B— FIG.  i6. 

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LAMP   CARBONS. 


EXHIBIT  B— FIGS.  17  AND  18A,  18B. 


Figure    17 — D.   C.   open   arc. 


Figure  18A. 
A.  C.  enclosed  arc. 


Figure  18B. 
D.  C.  open  arc. 


CARBONS—SHADOWS. 


EXHIBIT  B— FIGS.  19  AND  20. 


I  I  I  I  I 
I  I  I  I  I 


Figfure  19 — A.  C.  enclosed  arc  carbons. 


Figure  20 — Shadow  zone,  on  short  arc  of  a  9.6  ampere  open  lamp. 


ARC   LIGHT   DISTRIBUTION. 
EXHIBIT  B— FIGS.  21  AND  22. 


Figure  21 — Distribution  of  light  from  an  A.  C.  6.6  ampere  enclosed  lamp. 


■ 

% 

-  -f 

1                     '                              ,  ^_____ 

**v 

,^ 

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Fijnire  22 — Distribution  of  light  from  a  D.  C.  6.6  ampere  enclosed  lamp. 


GLOBE— ILLUMINATION. 
EXHIBIT  B— FIGS.  23  AND  24. 


Figure  22,. 
Inner  globe,  enclosed  lamp. 


Figure  24 — A.  C.  6.6  ampere  lamps  400  ft.  apart. 


LUMINOMETER. 
EXHIBIT  B— FIGS.  25  AND  26. 


Figure  25 — Using  Luminometer. 


Figure  26— Luminometer. 


INNER    GLOBES.  loi 


EXHIBIT  C. 

This  exhibit  was  a  clear-glass,  inner  globe  for  the  alternating- 
current,  series,  enclosed  arc-lamp. 


EXHIBIT  D. 

This  exhibit  was  an  opal-glass,  inner  globe  for  the  alternating- 
current,  series,  enclosed  arc-lamp. 


102  LUMINOMBTBR    CARD. 

EXHIBIT  E. 
Luminometer  Card  i. 


'  Lord  Methuens  Infantry 

2  Would  have  been  much 

3  Protected  against  loss  in  their 

4  Three  battles  if  the  howitzers  had 

5  Been  added  to  his  artillery,  unlike  navy  guns 

4i 


Which  are  tied  to  every  truck,  theyjare  almost  as  movable  as 
ordinary  field  artillery. 


7  General  BuUer  has  been  waiting  for  them  day  after  day,  when  Ladysmith 

was  exposed  to  a  most  scientific  fire  from  the  Boer  artillery.     The  interruption 
of  Lord  Methuen's  line  of  communications  occurred  yesterday 

^  A  railway  culvert  was  blown  up  and  the  telegraph  wires  were  cut  by  a  party  of  raiders 

^     from  the  Free  State  frontier,  possibly  from  Jacobel.  and  heavy  firing  was  heard  further 

north.   The  War  Office  betrays  little  uneasiness  over  this  incident,  and  military  men 


LUMINOMETBR    CARD.  n\\ 

EXHIBIT  F. 
Luminometer  Card  2. 


>u  ufcwpdxil 


^,-Fcldkgcptclal  grombu  ufcwpclxitmso  jgfeb  alny(3oIs  cxusgrtllv. 

ytisre  vinuli  enorcy  enkcit  seisxo  hegroe  gegell  oeyelb  ismo. 
J?,-Motors  jacket  rice  actor  difficult  crowded  hence  iota  slide. 

business  pathetic  appreciate  nautical  magnate  possible  china. 
C, -Over   400,000    General    Electric  Arc    Lamps    in    operation.. 

General  Electric  Motors  for  operating  all  kinds  of  machinery. 
Z),-Shtnon  eerhty  revede  ussib  lliwhe  adotde  siverx  tsiles  ehtg. 

hocassa  mnotso  bwchsi  fyojev  obrevo  nocsmo  mmeegy  dateen  ehcs. 
j^,-Rallevia  adicelle  didez  echacar  hodes  geroog  lamanterfregando. 

gurosa  cinnusoel  mibod  erezzi  vidalato  mirato  pomet  toffelca. 
F,  -A  discussion  of  the  war  fleets  of  several  nations  is  not  complete 

without  some  mention  of  their  powers  of  offence. 
6r,-Niniat  nocret  telwen  aynapm  occirt  celela  renegen  ayradw  nnyl. 

thgiln  oomela  pehtyb  piweiv  ogthti  raseor  lemves  diuown  oyfi. 
£r,-Diptheria  power  coffee  dollars  selecting  can  tonnage  ancient. 

procrastination  easy  useful  photograph  embark  crescent  fame. 


104  EXHIBITS    G,    H,    I. 

EXHIBIT  G. 

This  exhibit  was  an  enlarged  copy  of  City's  Exhibit  No.  32, 


EXHIBIT  H. 

This  exhibit  was  the  "Proceedings  of  the  National  Electric 
Light  Association"  of  1894,  pages  282-295,  being  the  report  of  the 
Committee  introducing  the  Resolution  (see  Exhibit  A  2),  after- 
wards adopted  by  the  Association,  defining  a  2,000  candle-power 
arc  lamp,  with  the  discussion  thereon,  much  of  which  is  quoted 
in  the  examinations  of  Messrs.  Matthews,  Marks  and  Bell. 


EXHIBIT  I. 

Curves  showing  sales  of  open  and  enclosed  arc  lamps,  of  all 
makes,  1895-1900,  prepared  by  the  General  Electric  Co. 


RYAN'S    REPORT.  los 


EXHIBIT  J. 


Mr.  W.  D'A.  Ryan's  Report  on  the  Arc  Lights  in  Colorado 

Springs. 

Colorado  Springs,  Colo.,  Sept.  15,  1906. 
Mr.  Geo.  B.  Tripp,  General  Manager, 

The  Colorado  Springs  Electric  Company, 
Colorado  Springs,  Colorado. 

RE  CITY  LIGHTING  CONTRACTS. 

Dear  Sir: — I  have  looked  over  the  papers  relative  to  your 
City  Lighting  Contract,  and  find  that,  in  order  to  fulfill  the  obli- 
gations imposed  by  the  Jackson  Franchise,  it  may  be  necessary 
to  deliver  an  average  of  450  watts  at  the  terminals  of  each  lamp. 

The  situation,  however,  is  rather  peculiar,  inasmuch  as  6.6 
ampere  series  alternating  430-watt  lamps  had  previously  been 
accepted  by  the  City  (after  a  practical  demonstration)  as  being 
superior  to  the  so-called  standard  2,000  candle-power  lamps 
which  they  replaced.  I  am  not,  however,  in  a  position  to  express 
a  legal  opinion  as  to  the  bearing  that  this  action  would  have  on 
the  later  acceptance  by  the  City  of  the  contract  as  covered  in 
the  Jackson  Franchise.  I  can  say,  however,  that  the  6.6  ampere 
lamp  is  generally  accepted  as  a  superior  illuminant  to  the  full 
open  arc  which  it  has  replaced,  and  I  attach  hereto  a  partial  list, 
consisting  of  several  hundred  cities  which  are  now  using  the 
430-watt  lamp.  The  principal  advantages  of  this  lamp  over  the 
open  arc  are,  better  distribution,  greater  steadiness  and  uni- 
formity of  light  and  reliability  of  operation,  which  features  you 
are  familiar  with. 

I  have  made  a  careful  inspection  of  the  apparatus  at  the  station, 
and  have  been  over  the  lines  and  have  familiarized  myself  with 
the  methods  employed  by  your  men  in  making  tests.  The  cir- 
cuits were  operated  under  normal  conditions  with  a  working 
complement  of  lamps.  A  carefully  calibrated  indicating  watt- 
meter, voltmeter  and  ammeter  were  used.  This  method  of 
testing  eliminated  all  questions  of  power-factor  and  wattages  at 
variable  loads,  etc.  Before  testing  each  circuit  the  lamps  were 
warmed  up  and  a  record  made  of  the  condition  as  found.  If 
abnormal,  the  adjustment  was  changed  and  a  record  made  of  the 
condition  in  which  the  lamp  was  left.  A  detailed  list  of  these 
tests  is  attached  hereto. 

The  following  tabulation  gives  the  condition  of  the  lamps  on 
each  circuit  as  found  and  left: 


io6  RYAN'S    REPORT. 

AVERAGE  ENERGY  AS  FOUND  AND  LEFT  ON  EACH 

CIRCUIT. 

Test  Extending  from  September  8th  to  September  15th,  1906. 

No.  of  Amperes.  Volts.              Watts. 

Circuits.          Lamps.  Found.  Left.  Found.  Left.  Found.  Left. 

South   St.   Circuit..   39  7.02      7  74.2      77.8  458.7  473.3 

West  St.  Circuit...   34  7.16     7.14  72.6     77.4  443  471.7 

N.  W.  St.  Circuit..   35  7          7  73.8     77.8  446  471 

East  St.  Circuit 35  7          7  80.5     80.3  472  470 

S.  E.  St.  Circuit...  43  6.97     6.97  78.4     83.2  444.3  470 

North  St.  Circuit..   41  7.03      7.02  78.8     80.7  457.9  469.9 


Av.  all  Circuits 227      7.02      7.02      76.5      79.7      452.7      470.9 

It  will  be  observed  that  the  lamps  are  consuming,  on  an  aver- 
age 470.9  watts  directly  after  picking  up.  This  would  gradually 
increase  on  enclosed  arc  lamps  from  5  per  cent  to  10  per  cent 
up  to  the  time  of  feeding.  In  other  words,  I  found  your  lamps, 
directly  after  pick-up,  running  about  5  per  cent  higher  than  the 
contract  calls  for,  and  I  question  very  much  whether  the  General 
Electric  Company  would  be  willing  to  stand  back  of  guarantees 
with  the  6.6  ampere  apparatus  overloaded  to  this  extent. 

In  addition  to  checking  up  the  above  tests,  I  have  inspected 
the  lights  at  night,  and  found  that  they  were  working  very  uni- 
formly, but  would  strongly  recommend  that  you  replace  the  clear 
inclosing  globes  with  light  opal.  This  will  still  further  improve 
your  distribution  without  materially  affecting  the  maximum 
lighting  distance,  and  will  eliminate  the  side  rod  and  base 
shadows  underneath  the  lamp ;  in  other  words,  it  will  spread  the 
light  out  more  uniformly. 

I  note  that  your  station  equipment  is  complete  with  suitable 
instruments  and  testing  transformer.  All  the  apparatus  appears 
to  have  been  carefully  kept  up  and  is  in  first-class  condition.  I 
consider,  however,  that  with  six  constant  current  transformers 
you  should  have  at  least  one  spare.  While  this  apparatus  is 
unusually  free  from  breakdowns,  at  the  same  time  an  accident 
may  happen,  and  with  your  present  output  it  would  be  difficult 
to  avoid  an  interruption  of  part  of  your  service. 

CANDLE-POWER— OPEN  VS.  ENCLOSED  ARCS. 

As  there  appears  to  be  some  confusion  in  regard  to  the  candle- 
power  rating  of  the  different  arc  lamps  under  discussion ;  it 
might  be  well  to  explain  that  in  the  early  days  of  arc  lighting 
and  at  a  time  when  arc  lamp  photometry  was  an  unknown  quan- 
tity the  term  2,000  candle-power  was  unwisely  arbitrarily  applied 
as  a  trade  name  to  designate  a  full  arc.,  i.  e.,  a  lamp  taking  from 


RYAN'S    REPORT.  107 

425  to  475  watts  at  the  terminals.  At  the  same  time  2,000  candle- 
power  was  used  to  designate  a  so-called  half  arc  taking  300  to  350 
watts  at  the  terminals.  As  a  matter  of  fact,  neither  the  wattage 
or  the  candle-power  ratings  are  consistent,  and  bear  no  relation 
to  the  actual  illuminating  values  of  the  lamps.  As  the  science 
advanced  and  a  full  realization  of  the  absurdity  of  these  ratings 
became  evident,  an  attempt  was  made  to  recede  from  what  might 
be  called  an  awkward  situation  by  referring  the  matter  to  the 
International  Electrical  Congress  of  1893. 

Dr.  T.  C.  Mendenhall,  President  of  the  Worcester  Polytechnic 
Institute,  in  a  report  on  the  subject,  stated  that  while  they  came 
to  a  unanimous  agreement  as  to  the  definition  of  the  ampere,  volt 
and  watt,  which  definitions  were  afterwards  legalized  by  Con- 
gress, they  failed  entirely  to  agree  on  a  unit  of  light,  and  declared 
that  at  present  a  satisfactory  definition  of  this  unit  was  impos- 
sible. Some  of  the  American  delegates  at  that  Congress  asked 
it  to  relieve  them  by  defining  a  2,000  candle-power  lamp  as  being 
one  operated  by  450  watts,  but  the  representatives  of  the  other 
nations  declared  that  they  never  made  contracts  in  candle-power 
and  that  Americans  ought  not  to  be  so  foolish  as  to  do  so. 

Finally  the  question  was  taken  up  in  1894  at  the  17th  Annual 
Meeting  of  the  National  Electric  Light  Association,  a  body 
whose  actual  membership  included  at  that  time  107  of  the  lead- 
ing electric  light  and  power  companies  in  all  parts  of  the  country, 
with  an  associate  membership  of  112  other  firms  and  individuals 
actively  interested  in  the  development  of  electric  light.  A  special 
committee  was  appointed,  its  members  being  mostly  professional 
men  and  in  no  way  engaged  or  financially  interested  in  electric 
lighting,  to  consider  and  report  a  definition  of  a  2,000  candle- 
power  lamp,  and,  after  a  full  discussion,  the  report  of  this  com- 
mittee was  adopted  by  the  Convention,  without  dissent.  This 
definition  has  been  universally  accepted  by  electric  light  con- 
tractors, and  has  furnished  the  basis  of  nearly  if  not  quite  all 
contracts  made  since.    The  report,  as  adopted,  was  as  follows : 


"Recognizing  the  difficulty,  if  not  impossibility  of  measuring  with  any 
degree  of  accuracy  the  illuminating  power  of  the  arc  lamp,  and  the  great 
necessity  for  a  more  precise  definition  and  statement  of  the  obligations 
of  the  producers  of  electricity  for  illuminating  purposes  to  the  con- 
sumer thereof;  be  it 

"Resolved,  That  in  the  opinion  of  the  Convention  what  is  ordinarily 
known  as  a  two  thousand  candle-power  arc  lamp  is  one  requiring  on  the 
average  four  hundred  and  fifty  watts  for  its  maintenance,  the  measure- 
ments being  made  at  the  lamp  terminals,  where  no  sensible  resistance  is 
included  in  series  with  the  arc.  In  case  such  resistance  is  used,  it  must 
be  excluded  in  the  measurement  of  the  voltage." 


io8  RYAN'S    REPORT. 

Professor  W.  A.  Anthony,  long  professor  of  physics  and  elec- 
trical engineering  in  Cornell  University,  past  President  of  the 
American  Institute  of  Electrical  Engineers,  etc.,  etc.,  in  pre- 
senting the  resolution  defining  the  2,000  candle-power  arc  lamp, 
at  the  meeting  of  the  National  Electric  Eight  Association,  said  : 

"When  you  come  to  absolute  candle-power,  everybody  knows  that  a 
commercial  arc  does  not  give  2,000  candles.  We  cannot  specify  any- 
thing about  the  candle-power,  and  there  is  no  use  in  bringing  in  any- 
thing on  that  point;  because,  if  any  city  insists  on  having  2,000  candle- 
power,  and  insists  on  measuring  the  lamp  to  see  if  they  can  get  it,  you 
will  find  nobody  to  say  that  you  are  giving  them  2,000  candle-power  on 
the  average." 

Professor  E.  L.  Nichols,  of  Cornell  University,  a  recognized 
expert  in  photometry  of  all  kinds,  says  (Johnson's  Cyclopedia 
Article,  Electric  Lighting)  : 

"The  candle-power  of  arc  lights  in  general  has  been  greatly  overrated. 
For  example,  according  to  the  system  in  vogue  up  to  1890,  and  used 
to  some  extent  after  that  year,  lamps  were  rated  at  2,000  'nominal 
candle-power',  the  mean  spherical  illuminating  power  of  which  was  from 
250  to  400  candles  and  whose  brightness  in  the  direction  of  the  max- 
imum was  from  1,000  to  1,500  candles." 

In  conclusion,  aside  from  the  question  of  accuracy,  the  mere 
reference  to  the  candle-power  of  an  arc  lamp  is  of  little  use  in 
determining  its  illuminating  value  without  specifications  as  to 
the  distribution  and  variation  in  intensity  of  the  light.  For 
example,  the  nominal  2,000  candle-power  open  arc  lamp  throws 
the  maximum  illumination  at  an  angle  of  between  45  and  50 
degrees  below  the  horizontal,  which  produces  a  very  bright 
circle  on  the  street,  leaving  a  dark  zone  in  the  center.  The  band 
of  strong  light  is  narrow  and  makes  the  space  midway  between 
the  lamps  appear  very  dark  by  contrast. 

The  mean  spherical  candle-power  of  the  open  arc  lamp  is 
higher  than  the  enclosed  taking  the  same  energy,  and  the  flux 
varies  anywhere  from  200  to  600  candle-power  (with  a  maximum 
of  about  1,200),  depending  upon  whether  the  carbon  has  dropped 
to  the  hissing  point  or  is  drawing  in  an  exceptionally  long  arc. 
This  inherent  defect  is  present  in  all  so-called  American  clutch 
feed  open  arc  lamps.  The  alternating  enclosed  arc  lamp  of 
equal  energy  delivers  anywhere  from  200  to  300  mean  spherical 
candle-power  (with  a  maximum  of  about  650)  and  the  direction 
of  maximum  light  is  several  degrees  higher  than  the  open  arc, 
so  that  the  illumination  is  spread  to  a  greater  distance  down 
the  street,  and  the  objectionable  shadows  are  eliminated,  the  eye 


RYAN'S    REPORT.  109 

is  not  fatigued  to  the  same  extent  by  the  high  intrinsic  brilliancy, 
and,  while  the  maximum  light  is  not  so  great,  as  previously 
stated,  the  average  flux  delivered  over  a  period  of,  say,  one  year, 
is  about  the  same,  with  the  advantages  mentioned. 

In  view  of  the  fact  that  you  made  a  practical  demonstration 
comparing  the  open  arc  with  the  enclosed,  it  would  seem  to  me 
unnecessary  to  go  into  further  detail,  except  to  say  that  you 
are,  without  any  question,  fulfilling  the  requirements  of  a  con- 
tract calling  for  what  is  known  as  a  standard  two  thousand 
candle-power  arc  lamp. 

(Signed)     W.  D'A.  RYAN, 

Illuminating  Engineer. 


TESTS  OF  STREET  ARCS. 

Colorado  Springs,  Colorado,  Sept.  8,  1906. 

SOUTH  STREET  CIRCUIT. 

Location.  Volts.     x\mperes.     Watts.  Remarks. 

Found     Nevada  Ave.  and 
Left        Cucharras 

Found     Nevada 

Left         Vermijo  80  7  48b  Stuck 

Found     Weber 
Left         Cucharras 


Here  follow  similar  figures  of  the  tests  made  on  227  lamps  in 
the  streets,  under  Mr.  Ryan's  supervision,  Sept.  8-15.  1907. 


STATIONS  USING  6.6  AMPERE  SERIES  ALTERNATING 

ARC  LAMPS. 
Albany,  Ga.,  City  of. 

Anderson,  S.  C,  Carolina  Water,  Light  &  Power  Co. 
Anniston,  Ala.,  Electric  &  Gas  Co. 
Augusta,  Ga.,  Railway  &  Electric  Co. 

******* 
Here  follows  a  list  of  several  hundred  towns. 


79 
79 

7 
7 

500 
500 

50 
80 

7 
7 

300 
48b 

76 
76 

7 

7 

480 
480 

no  EXHIBIT    K. 


EXHIBIT  K. 

This  exhibit  was  a  list  of  orders  received  by  the  General  Elec- 
tric Company  for  6.6  ampere,  alternating-current,  series,  arc 
lamps  up  to  February,  1904. 


TESTS    ON    POLE    LAMPS.  in 

EXHIBIT  L. 

Attenda  to  Mr.  W.  D'A.  Ryan's  Report,  Exhibit  J. 

STREET  ARC  LAMPS  BROUGHT  IN  AND  TESTED  AT 
SUB-STATIONS  SINCE  THE  ORIGINAL  TEST  IN 
SEPTEMBER.  THESE  LAMPS  COULD  NOT  BE 
TESTED  IN  POSITION  AT  THE  TIME  OF  THE  REG- 
ULAR TEST. 

Colorado  Springs,  Colorado,  October  15,  1906. 


Found 
Left 

Location. 

Dale  St. 

West  of  Cascade 

Volts. 

78 
80 

Amperes. 

7-5 
7 

Watts. 
480 
460 

Found 
Left 

Bristol 
School 

80 
80 

7 
7 

480 
460 

Found 
Left 

West  View 
Boulder  Crescent 

80 
80 

7 
7 

470 
460 

Found 
Left 

Tejon 
Cache    la    P. 

82 
80 

7 
7 

480 
460 

Found 
Left 

Jeflferson 
Nevada 

67 
80 

7 
7 

400 
460 

Found 
Left 

W.  Huerfano 
Viaduct 

65 
80 

7 

7 

350 
460 

Found 
Left 

Seventh 
Bijou 

50 
80 

7 
7 

300 

460 

Found 
Left 

E.  Huerfano 
Viaduct 

82 
80 

7 
7 

480 
460 

Found 
Left 

Second  and 
Grant 

82 
80 

7 
7 

500 
460 

Found 
Left 

El  Paso 
St.  Vrain 

cs  brought 
1  tested,  ID. 
;rages : 

Found 

Left 

82 
80 

7 
7 

480 
460 

Total  ar 

in  and 

Av< 

74-8 
80 

6.75 
7 

442 

460 

112  MONTHLY    STATION    REPORTS. 

EXHIBITS  M,  1-23. 

These  exhibits  were  twenty-three  monthly  records,  similar  to 
the  one  herewith  reproduced,  from  the  month  of  February,  1905- 
January,  1907,  inclusive,  showing  day  by  day  the  number  of 
lamps  in  circuit,  lamp  hours,  wattages  and  kilowatt  output  at 
the  station,  also  the  total  for  the  month. 


a 


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to:::::::     :::;•- 

iS 

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Number 
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ggss^^^^s^^ss^ 

S 

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3 
0 

H 

AVERAGE    WATTS    PER    LAMP. 


"3 


EXHIBIT  M  24. 

This  exhibit  was  a  compilation  based  on  Exhibits  M  1-23,  and 
is  here  reproduced  in  full. 


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DIAGRAM,    AVBRACn    LAMP    WATTAGE. 


EXHIBIT  M  25. 

Curve  showing  in  graphic  form  the  average  w^atts,  per  lamp, 
per  month  figured  from  the  station  records,  Exhibit  M  24. 


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9^ 


EXHIBITS    N,    O,    P,    Q.  "5 


EXHIBIT  N. 

This  exhibit  was  a  volume,  "The  Art  of  Illumination,"  by  Dr. 
Louis  Bell,  Edition  of  1902,  referred  to  during  the  author's  ex- 
amination. 


EXHIBIT  O. 

This  exhibit  was  a  pamphlet,  No.  9,124.  published  by  the  Gen- 
eral Electric  Co.,  "Light  and  Illuminating  Engineering,"  by  \V. 
D'A.  Ryan.  It  related  exclusively  to  interior  lighting,  particu- 
larly by  arc  lamps. 


EXHIBIT  P. 

This  exhibit  was  a  paper  on  "Illuminating  Engineering,"  read 
by  W.  D'A.  Ryan  at  the  annual  meeting,  1905,  of  the  Ohio  Elec- 
tric Light  Association." 


EXHIBIT   Q. 

This  exhibit  was  the  Colorado  Springs  Electric  Company's  In- 
spector's original  nightly  reports  and  load  sheet  of  Sub-station  A, 
from  which  energy  was  supplied  for  lighting  the  streets  of  Colo- 
rado Springs  for  the  month  of  August.  This  was  simply  in- 
troduced to  verify  the  figures  given  in  Exhibits  M  1-23. 


ii6  ORGANIZATION    FOR     HEARINGS. 


THE  CITY  OF  COLORADO  SPRINGS  ) 

vs.  !•    ARBITRATION 

THE  PIKES  PEAK  HYDRO-ELECTRIC  CO. 

The  City  was  represented  by  Wm.  C.  Robinson,  Esq., 

The  Pikes  Peak  Hydro-Electric  Company  by  K.  C.  Schuyler,  Esq.,  and 

The  Colorado  Springs  Electric  Company  by  R.  L.  Holland,  Esq. 

The  Arbitrators,  consisting  of  Messrs.  L.  G.  Carpenter,  E.  L.  Elliott  and 
Henry  Floy,  met  in  the  Council  Chamber  of  the  City  Hall,  on  the  morn- 
ing of  February  i,  1907,  and,  after  severally  subscribing  to  their  oath  of 
office,  organized  by  choosing  L.  G.  Carpenter  Chairman  of  the  Board. 

The  Chairman  announced  the  Board  was  ready  to  proceed  with  the 
hearings. 

Mr.  Robinson  made  a  brief  statement  to  the  Board,  ofifering  certain 
Exhibits,  which  were  identified  and  numbered. 

Mr.  Schuyler  asked  for  an  adjournment  until  afternoon. 

Board  adjourned. 


THE    BOARD    MET,    PURSUANT  TO  ADJOURNMENT,  AT  2.30 
P.  M.,  FEBRUARY  i,  1907. 

Mr.  Schuyler  made  a  statement  of  the  position  of  the  Pike's  Peak 
Hydro-Electric  Company  and  asked  the  Board  to  consent  to  allow  one 
expert  on  each  side  to  examine  the  expert  witnesses. 

Mr.  Robinson  objected  to  such  procedure. 

Chairman  of  the  Board.  "We  will  postpone  our  decision  until  the 
question  arises.     You  may  proceed  with  your  testimony." 

Mr.    K.    M.    MACMILLAN,    City  Q.     Tell   us    if   you   can,   what   is 

Clerk,  being  duly  sworn,  and  after  Plaintiff's  Exhibit  No.  24? 

identifying  Exhibits  Nos.  21,  22,  23  4       Among    the    copies    of    Ordi- 

and  24,  testified  as  follows,  to  wit:  nances    that   have    not    been   passed 

Examination  by  Mr.  Robinson.  ^  /^""'^  ^'"^  '"  ^'^  ^'^^  ^''^'^''^  "^'- 

dtnances     for      Water     Power     to 

Q.     As    City    Clerk,    have   you   in  George   W.  Jackson,  etc." 
your    possession    the    original    con- 
tracts   between    the    City    and   vari-  Q.     What  is  City's   Exhibit  No. 
ous  electric  light  companies  that  now  25? 

have,    or    have    had,    contracts    with  a.      It    is    an    ordinance    granted 

this  City?  George    IV.   Jackson    and   associates 

A.    I  have.  and  assigns  for  the  use  of  neater,  etc. 


EXAMINATION— MACMILLAN ,    ROUSE. 


117 


Q.  Is  that  the  original  Ordi- 
nance? 

A.  It  is  the  original.  It  has  the 
official  signatures  on  it. 

Cross  -  examination  by  Mr. 
Schuyler. 

Q.  How  long  have  you  been  City 
Clerk,  Mr.  MacMillan? 

A.     Since  April,  1901. 

Q.  You  were  not  connected  with 
the  city  administration  in  September, 
1898? 

A.    No,  sir. 

Q.  Aside  from  having  found  this 
Exhibit  No.  24  in  the  files  of  the 
City  Clerk,  have  you  no  knowledge 
of  its  history? 

A.    No  sir. 

Witness  excused. 

Mr.  VAN  E.  ROUSE  was  next 
called  and  sworn,  and  testified  as  fol- 
lows, to  wit : 

Examination  by  Mr.  Robinson. 

Q.  Were  you  on  the  8th  of  Sep- 
tember, 1898,  a  member  of  the  Citj' 
Council   of   Colorado   Springs? 

A.    I  was. 

Q.  Did  you  participate  in  the  dis- 
cussion and  proceedings  at  the  time 
of  the  passing  of  what  is  known  as 
the  Jackson  franchise  on  the  date 
mentioned  ? 

A.    I  did. 

Q.  Tell  the  Board,  the  best  you 
can,  what  was  the  purpose  and  in- 
tent of  the  Council  in  passing  that 
Ordinance,  in  so  far  as  the  amount 
of  light  to  be  received  was  con- 
cerned? 

A.     That  Ordinance  when  present- 


ed to  the  Council  carried  with  it 
some  conditions  that  the  Council 
wanted  to  regulate  as  much  in  the  in- 
terest of  the  City  as  possible.  The 
question  came  up  about  regulating 
the  price  per  light.  The  Council 
seemed,  as  a  zvhole,  of  the  opinion 
that  we  had  been  paying  too  much 
for  light,  and  secondly,  if  we  could 
get  a  reduction  by  granting  that 
franchise,  that  it  was  one  thing  that 
it  was  proper  to  do.  They  asked 
for  the  insertion  of  a  price  of  $5.50 
per  month.  It  was  the  main  request. 
Then  the  question  as  to  the  light 
to  be  furnished  came  right  in  on  the 
same  proposition.  During  the  dis- 
cussion the  question  as  to  the  can- 
dle power  of  the  lights  then  fur- 
nished by  the  Lighting  Company 
came  into  the  discussion.  If  I  re- 
member rightly,  there  was  a  commit- 
tee that  looked  into  the  matter  and  re- 
ported to  the  Council  as  to  what 
they  considered  the  light  power  of 
the  then  existing  lights.  In  view  of 
the  fact  that  we  were  getting  a 
cheaper  price  and  wanted  to  get  a 
better  light,  the  question  of  the  can- 
dle pozver  of  the  lights  was  pretty 
thorougly  discussed.  The  two  ques- 
tions seemed  to  be,  the  price  of  the 
lights  and  the  candle  power  of  the 
lights  more  than  any  other  two 
points  in  connection  with  it.  The 
impression  of  the  Council  at  the  time 
zvas  that  the  City  was  getting  light 
of  about  1200  candle  power.  Upon 
that  basis  I  took  the  position  that  the 
light  furnished  by  the  Jackson  fran- 
chise Ordinance  should  be  2000  can- 
dle power  lights.  It  seemed  to  be 
the  general  opinion  of  the  Council, 
in  their  discussion,  that  we  should 
have  what  the  Ordinance  called  for 
— 2000  candle  power.  I  didn't  know 
then,  and  I  don't   know  now,  what 


ii8 


EX  AM  IN  A  TION—R  0  USB. 


it  takes  to  make  2000  candle  power. 
These  two  points  were  the  two  I  was 
looking  after.  The  other  members 
of  the  Council  had  the  same  idea. 
These  two  points  received  greater 
consideration  and  discussion  before 
the  Council  than  any  other. 

Q.  Do  you  remember  anything 
having  been  said  by  any  alderman 
to  the  effect,  in  urging  the  passage 
of  the  Ordinance,  that  under  the  Or- 
dinance, the  City  would  get  more 
light  for  less  money  than  they  were 
getting? 

A.  Yes,  sir,  I  used  that  argument 
myself. 

Q.     In  favor  of  the  passage  of  the 
Ordinance? 
A.     Yes,  sir. 

Q.  I  will  call  your  attention,  Mr. 
Rouse,  to  the  changes  shown  in  con- 
nection with  the  original  copy  of  the 
Ordinance  in  Section  9,  and  ask  you 
if  you  remember  anything  about 
that? 

A.  I  don't  remember  about  the 
change  being  made.  I  remember  the 
discussion  of  the  possibilities  of  the 
meaning  of  2000  candle  power. 

Cross  -  examination  by  Mr. 
Schuyler. 

Q.     Mr.  Rouse,  how  long  have  you 
lived    in    Colorado    Springs? 
A.    About  27  years. 

Q.  What  other  points  in  the  Or- 
dinance  were   discussed   there? 

A.  The  argument  used  by  some 
in  favor  of  the  passage  of  the  Or- 
diance  was  that  Mr.  Jackson  had  had 
hard  luck  in  the  tunnel  and  lost 
money,  etc.,  and  that  he  should  have 
a  chance  to  recuperate. 


Q.  What  other  matters,  aside 
from  this  of  light  and  the  price, 
that  are  embraced  in  that  franchise, 
were   specially  considered? 

A.  One  of  them  was  the  laying  of 
a  pipe  line  from  Lake  Moraine  to 
Manitou.    A  parallel  line. 

Q.     Did  you  vote   for  or   against 
the  franchise? 
A.    Against  it. 

Q.     And  fought  it  to  the  end? 
A.     Yes,  sir. 

Q.    At  that  time  the  city  thought  it 
was  using  1200  candle-power  lamps? 
A.     That  was  the  sentiment. 

Q.  Did  anybody  really  know  what 
2000   candle   power   light   was? 

A.  If  he  did,  he  knew  more  than 
J  did. 

Q.  Your  point  was  to  get  800 
candle  power  better  light  for  $66.00 
per  annum  than  you  were  then  pay- 
ing $85.00  or  $108.00  per  annum  for. 

A.     Yes,  sir. 

Q.  Do  you  know  what  is  meant 
by  the  term  "standard  2000  candle 
power"  ? 

A.    No,  sir. 

Q.  In  this  Exhibit  No.  25  the  word 
"standard"  is  interlined,  and  the 
words  "as  commonly  known"  strick- 
en out — don't  you  recollect  that  your 
mind  was  brought  to  this  matter  at 
the  time  of  this  discussion  and  that 
It  was  determined  that  the  technical 
term  was  "standard,"  2000  candle 
power,  and  that  you  erased  "as  com- 
monly known"  and  interlined  the 
word  "standard"  ? 

A.    I  don't  know. 

Q.  Would  you  say  that  it  did  not 
occur  ? 


EX  AM  IN  A  riOX—McINTYRB. 


119 


A.  That  paper  indicates  that  it 
did,  but  as  far  as  I  remember,  I  don't 
know. 

Q.  In  Paragraph  4  of  the  con- 
tract with  the  Colorado  Springs 
Lowe  Gas  and  Electric  Company, 
dated  April  7,  1890,  being  Exhibit 
No.  21,  clause  No.  4  reads  this  way: 

"And  the  party  of  the  first  part 
further  covenants  and  agrees  that 
it  will  furnish  the  party  of  the  sec- 
ond part,  whenever  so  required,  with 
not  less  than  forty  arc  lights,  of 
what  is  commonly  known  as  2000 
candle  power  each,  for  lighting  the 
streets  of  the  city  for  not  more  than 
$125  per  annum  for  each  arc  light, 
etc." 

I  will  ask  if  that  clause  wasn't 
taken  under  consideration  in  the 
same  manner  that  I  mentioned  in  my 
previous  question,  and  that  it  was 
determined  to  use  the  more  technical 
term,  "standard"  2000  candle  power? 

A.  I  couldn't  say.  I  don't  recol- 
lect any  discussion  of  the  technical 
term  used. 

Q.  Don't  you  remember  that  the 
term  "as  commonly  known"  was 
stricken  out,  and  the  word  "stand- 
ard" inserted? 

A.  It  must  have  been,  but  I  don't 
recollect  it.  There  was  quite  a  talk 
about  what  we  zvere  paying  for 
lights,  and  the  service  we  were  get- 
ting, and  the  City  Council  wanted  to 
arrive  at  the  best  proposition  possi- 
ble in  the  then  pending  ordinance,  or 
franchise,  and  that  we  would  get  as 
near  2000  candle-power  as  we  could. 
Therefore,  we  supposed  we  were  get- 
ting 2000  candle-power,  as  the  ordi- 
nance called  for  that. 

Q.  You  mean  everybody  in  the 
council  supposed  that? 


A.  No,  the  people  generally.  That 
was  what  brought  it  up — the  objec- 
tion of  the  citizens  to  the  degree  of 
light. 

Q.  Were  you  a  member  of  the  City 
Council  September  5,  1901. 

A.  I  don't  think  so.  I  think  my 
term  expired  April  17,  1899. 

Witness  excused. 

Mr.  W.  H.  McINTYRE  was  next 
called,  and  being  duly  sworn,  testi- 
fied as  follows,  to  wit: 

Examination  by  Mr.  Robinson. 

Q.  Were  you  a  member  of  the 
City  Council  of  Colorado  Springs 
on  the  8th  of  September  1898,  when 
the  so-called  Jackson  franchise  was 
passed? 

A.     Yes. 

Q.  Can  you  tell  the  Board  what 
was  the  intention  of  the  council  in 
respect  to  section  9  of  that  Ordi- 
nance providing  for  the  candle 
power  of  the  lights  in  the  streets 
of  this  city? 

A.  I  think  the  intention  of  the 
Council  was  to  get  all  the  light  it 
could  for  as  little  money. 

Q.    What  as  to  the  power? 
A.    As  near  2000  candle  power  as 
they  could,  I  suppose. 

Q.  I  call  your  attention  to  section 
9,  and  to  the  part  changed  from  type- 
writing to  pen,  and  ask  \ou  if  you 
recall  that? 

A.    I  don't  know  as  I  do  specially. 

Q.  Do  you  know  whether  or  not 
at  that  time  there  was  any  discus- 
sion that  the  lights  then  being  used 
by  the  city  were  less  than  2000  can- 
dle power? 


BXAMINA  TION—McINTYRB. 


A.  I  think  there  was  a  little. 
There  was  a  little  talk  about  their 
being  less  than  that,  but  I  don't  know 
how  much  less  than  2000  candle 
power.  Perhaps  700  or  800  candle- 
power  less. 

Q.  As  you  understand  it,  it  was 
the  intention  of  the  Council  to  re- 
ceive 2000   candle  power? 

A.  As  near  as  they  could.  I  think 
Mr.  Jackson  told  them — gave  them 
that  idea  himself — that  he  would  give 
them  as  near  2000  as  he  could.  He 
was  there  and  entered  into  the  dis- 
cussion several  times  himself. 

Cross  -  examination  by  Mr. 
Schuyler. 

Q.  Do  j'ou  remember  the  commit- 
tee that  was  appointed  by  the  City 
Council  to  look  into  this  matter  of 
light? 

A.     I  do  not. 

Q.  Did  you  know  what  consti- 
tuted a  1200  or  2000  candle  power 
lamp    at    that    time? 


A.    No,  sir. 

Q.     Were  you  enlightened  by  any 
investigation  as  to  what  it  was? 
A.    I  think  not. 

Q.  1  will  ask  you,  Mr.  Mclntyre, 
if  you  remember  these  words  were 
stricken  out  of  that  original  paper, 
'"as  commonly  known,"  and  was  that 
discussed,  and  the  word  "standard" 
used  as  giving  the  more  technical 
delmition  ? 

A.  I  think  there  was  some  discus- 
sion. I  think  it  zvas  done  at  the  sug- 
gestion of  Mr.  Jackson. 

Q.  It  was  in  the  course  of  that 
discussion  that  he  said  he  would  give 
you  as  near  2000  candle  power  as  he 
could? 

A.  I  think  so.  I  think  the  mem- 
bers of  the  Council  thought  the 
ivord  "standard"  was  a  better  word 
than  the  other.  That  it  was  prob- 
ably better  for  the  Council  in  order  to 
get  more  light. 

Witness  excused. 


DIRECT     EXAMINATION— SHEDD. 


131 


PROF.  JOHN  C.  SHEDD  was 
next  called  in  behalf  of  the  Citj-,  be- 
ing duly  sworn,  testified  as  follows, 
to  wit: 

Examination  by  Mr.  Robinson. 

Q.  Do  you  know  the  electric  light- 
ing system  of  this  city? 

A.  I  am  fairly  well  acquainted 
xvith  it. 

Q.  Please  explain  what  system  it 
is? 

A.  At  the  present  time  the  streets 
are  lighted  with  a  number  of  cir- 
cuits radiating  from  what  is  known 
as  a  sub-station,  these  circuits  being 
connected  to  zvhat  is  known  as  tub 
transformers  of  General  Electric  Co. 
make.  The  transformers  are  ener- 
gized by  a  circuit  or  circuits  coming 
from  the  Pike's  Peak  Hydro-Elec- 
tric Co.'s  plant  in  Manitou.  The 
lamps  are  those  described  as  6.6  am- 
pere series  alternating  current  en- 
closed arc  lamps.  There  is  also  a 
circuit  from  the  sub-station  to  the 
generating  plant  north  of  town,  lo- 
cated at  the  coal  mines;  the  purpose 
being  to  use  either  steam  or  water 
power,  as  the  case  may  be. 

Q.  Have  you  made  any  tests  of 
the  lights  on  the  streets  of  this  city 
as  to  the  energy  used  and  the  candle 
power  furnished? 

A.  During  the  past  nine  months, 
approximately,  I  have  been  a  mem- 
ber of  a  committee  appointed  by  the 
College,  at  the  request  of  the  Mayor 
of  Colorado  Springs,  to  look  into  the 
matter  of  the  lights  used  upon  the 
streets  of  Colorado  Springs. 

Q.  As  a  member  of  the  commit- 
tee, did  you  assist  in  making  some 
tests  of  the  lights? 

A.     Yes,  sir. 


Q.  Had  you  for  some  lime  prior 
to  the  making  of  those  tests  ob- 
served the  lights  on  the  streets  of  the 
city,  and  could  you  therefrom  say 
that  approximately  the  average  con- 
dition of  the  lights  on  the  streets 
were  the  same  as  when  those  tests 
were  made? 

A.  for  about  nine  months  pre- 
vious to  September  last,  at  about 
xvhich  time  the  agitation  with  respect 
to  the  tvater  system  and  the  street 
lighting  system  was  uppermost  in  the 
minds  of  the  people,  from  about  that 
time  I  have  consciously  observed  the 
lights. 

Q.  From  such  observations,  could 
you  say  they  were  approximately  the 
same  as  when  you  made  the  tests  in 
June  and  September? 

A.  I  would  say  that  during  that 
time  the  lights  appeared,  as  far  as 
one  could  judge,  to  be  of  about  the 
same  quality,  and  therefore  the  nights 
upon  which  the  tests  were  made  were 
not  exceptional  in  any  respect.  I 
speak  here  of  the  nights  as  a  whole. 

Q.  Professor  Shedd,  I  will  show 
you  City's  Exhibit,  No.  26,  and  ask 
you  if  that  correctly  shows  the  re- 
sults of  the  tests  of  the  street  lights 
of  the  city  and  the  times. 

A.  Yes,  this  is  a  tabular  view  of 
the  tests  made  and  the  dates  indi- 
cated. 

Q.     And  the  lamps  at  the  locations 
indicated? 
A.     Yes. 

Q.  Did  you  make  tests  of  any 
other  lamps  besides  what  are  shown 
here? 

A.  Yes,  on  the  nights  of  January 
28  and  29,  1907,  a  number  of  other 
lights  were  tested. 


CROSS-EXAMINA  TION—SHEDD. 


Q.  Are  the  results  of  the  tests 
made  on  the  28th  and  29th  of  Janu- 
ary, 1907,  correctly  shown  on  City 
Exhibit  No.  27? 

A.     Yes,  sir. 

Q.  Have  you  made  any  other  tests 
than  those  shown  by  Exhibits  Nos. 
26  and  27? 

A.  On  the  afternoon  of,  I  think, 
August  30,  tzvo  lamps  were  taken 
from  the  circuits  on  the  city  streets 
and  were  transported,  after  being 
marked  "J"  and  "M"  for  identifica- 
tion, to  the  laboratory  at  Purdue 
University  and  were  there  tested. 

Q.  Professor  Shedd,  I  speak  of 
you  as  being  a  member  of  the  com- 
mittee that  made  these  tests,  who 
were  the  other  members  of  the  com- 
mittee ? 

A.  On  the  part  of  Colorado  Col- 
lege, Professor  Strieby  and  Professor 
Armstrong  and,  later  on  in  the  sum- 
mer. Professor  Matthews  of  Purdue 
University. 

Q.  Who  assisted  at  Purdue  Uni- 
versity ? 

A.  Tests  were  made  under  the 
direction  of  Professor  Matthews,  di- 
rector of  the  electrical  laboratories 
of  Purdue  University,  who  was  as- 
sisted by  two  of  his  men — Professor 
Topping  and  Mr.  Lampke  and  my- 
self. 

Cross  -  examination  by  Mr. 
Schuyler. 

Q.  Did  you  first  have  your  atten- 
tion called  to  the  condition  of  these 
lights  in  Colorado  Springs  about  the 
first  of  January,  1906? 

A.     Thereabouts. 

Q.  When  was  your  attention  first 
specifically    called    to    it    and   when 


were  you  requested  to  represent  the 
city? 

A.    In  the  spring  of  1906. 

Q.  You  followed  that  up  by  mak- 
ing these  tests  that  you  were  em- 
ployed to  make  by  the  city? 

A.  I  zvasn't  employed.  Our  com- 
mittee was  requested  to  act  from  the 
College,  and  it  acted  as  a  matter  of 
courtesy. 

Q.  They  were  requested  by  the 
Mayor? 

A.     Yes,  sir. 

Q.  Was  any  member  of  the  Colo- 
rado Springs  Electric  Company  or 
the  Pike's  Peak  Hydro  Company 
present  during  the  tests? 

A.  I  think  on  one  occasion  one  of 
them  was  present  a  part  of  the  time. 
There  was  no  test  planned  at  which 
they  were  invited  to  be  present. 

Q.  How  many  lamps  are  upon  the 
circuit  where  you  made  the  test? 

A.  As  I  understand  the  matter, 
there  is  more  than  one  circuit. 

Q.  In  sizing  up  the  situation  in 
this  matter,  would  it  not  be  fair  to 
take  into  consideration  the  number 
of  lights  upon  each  circuit? 

A.  It  would  depend  upon  the  pur- 
pose of  the  investigation.  Our  pur- 
pose was  to  determine  what  light  was 
given  by  the  lamps  on  the  streets  of 
the  city. 

Q.  Would  you  in  view  of  the  con- 
ditions here  think  it  necessary  to 
take  into  consideration  the  number  of 
lights  on  a  particular  circuit  in  mak- 
ing a  test? 

A.  I  don't  see  that  it  is.  The 
lighting  company  might  consider  it 
so.  They  might  consider  the  question 
of  overload. 


CROSS-EX  AMIN  A  TION—SHEDD. 


^23 


Q.  You  don't  know  how  many 
circuits  there  are  in  Colorado 
Springs  ? 

A.    No,  sir,  I  do  not. 

Q.  Do  you  know  how  many  lights 
are  strung  on  a  circuit? 

A.  No,  sir,  I  do  not  knozv.  I  only 
knoiv  that  all  those  lights  are  not 
on  the  same  circuit. 

Q.    Why. 

A.  Because  I  have  a  general  idea 
of  how  the  circuits  of  the  city  run. 

Q.  You  don't  think  it  is  necessary 
to  know  how  manj'  circuits  or  how 
many  lights  on  a  circuit,  in  order  to 
arrive  at  the  results  tabulated  in  this 
statement  ? 

A.  I  didn't  consider  it  necessary 
to  know  how  many  lights  there  were 
on  a  given  circuit,  or  how  many  cir- 
cuits there  were  in  the  city,  or  the 
exact  location  of  the  particuar  cir- 
cuits. 

Q.  If  all  the  lights  upon  one  cir- 
cuit were  increased  or  decreased, 
would  that  element  have  any  effect 
upon  the  investigation? 

A.  Our  purpose  wis  to  determine 
the  light  given  by  the  lamps;  that  was 
the  sole  object  of  the  communication 
received  from  the  Mayor. 

Q.  Now  what  effect  would  there 
be  on  a  given  circuit  having  say  20 
lamps  by  adding  25  ? 

A.  In  the  constant  current  alter- 
nating system  the  "tub"  transformer 
is  designed  to  care  for  any  added 
lamps  up  to  the  load  limit  of  the 
transformer. 

Q.  So  that  the  whole  matter  can 
be  relegated  to  and  loaded  upon  the 
tub  transformer? 


A.  So  far  as  my  tests  are  con- 
cerned. 

Q.  Now,  Professor,  aside  from 
the  tests  down  on  Exhibits  Nos.  26 
and  27,  which  were  made  on  June  2d 
and  3d,  July  5th,  August  30th  and 
August  31st,  January  28th  and  29th — 
aside  from  those  you  never  made 
any  tests  of  those  lights  or  any  other 
lights  than  those  named  here,  on 
the  streets  of  Colorado  Springs? 

A.  y^'es;  that  is  besides  those  tests 
named  I  have  not  tested  lights  on  the 
streets  of  Colorado  Springs. 

Q.  You  state  that  your  attention 
was  not  specifically  called  by  the 
Mayor  until  a  month  or  so  prior  to 
your  first  test,  yet  you  say  from  Jan- 
uary you  noticed  these  lights,  and  you 
think  just  from  j'our  actual  observa- 
tion that  the  conditions  were  the 
same  then  as  surrounded  these  lights 
at  the  time  you  made  the  tests? 

A.    I  do. 

Q.  It  is  on  your  general  trained 
observation  that  you  rely  for  your 
statement  that  the  conditions  were 
the  same? 

A.     Yes,  sir. 

Q.  In  other  words,  your  testimony 
is  that  the  conditions  surrounding 
these  lamps  from  January  to  April 
were  the  same  as  the  conditions  sur- 
rounding the  lamps  selected  for  the 
purpose  of  these  tests  at  this  time? 

A.     Yes,  sir. 

Q.  And  the  Committee  may  take 
this  as  the  result  of  your  observa- 
tion? 

A.  It  is  the  result  of  my  observa- 
tion. 

Q.  How  much  of  a  deviation 
would  your  trained  eye  detect? 


124 


CROSS-nXAMIX.-ITIOX—SHEDD. 


A.  1  don't  know  as  I  can  evaluate 
it.  On  the  night  of  one  of  our  tests 
— during  a  part  of  the  time — there 
seemed  to  be  a  falling  off  of  the 
candle  power  of  the  lamps.  We  said 
it  looked  as  if  they  were  going  down. 
After  awhile  we  said  it  looked  as  if 
they  were  coming  up.  We  were  look- 
ing at  the  lamps  for  the  distinct  ob- 
ject of  noting  this  very  thing. 

Q.  Going  up  and  down  the  street, 
what  deviation  would  attract  your  at- 
tention ? 

A.  I  can't  give  you  a  numerical 
value  of  it.  I  don't  think  it  would 
fall  lower  than  lo  per  cent.  I  don't 
wish  to  be  asked  to  give  specific 
figures.    It  might  be  20  per  cent. 

Q.  Now,  did  you  notice  any  devia- 
tion in  these  lights,  aside  from  the 


une  you  liave  spoken  of  when  making 
the  test  between  March  ist  and  the 
time  you  made  these  tests? 

A.  More  than  once;  I  couldn't 
be  able  to  state  how  many  times;  it 
was  a  matter  of  remark  that  the 
lamps  zvere  not  as  brilliant,  as,  for 
example,  they  are  now. 

Q.  Did  you  pick  out  the  nights 
when  the  lamps  appeared  to  be  below 
par  to  make  the  tests? 

A.  By  no  means.  We  set  the 
dates  ahead. 

Q.  But  you  did  continue  the  tests 
this  night  when  they  appeared  to  be 
going  down? 

A.  We  were  testing  throughout 
the  whole  night. 

Board  adjourned. 


THE    BOARD    MET,    PURSUANT    TO    ADJOURNMENT,    AT    p 
A.  M.,  FEBRUARY  2,  1907. 


PROF.  J.  C.  SHEDD  recalled 
to  the  stand. 

Cross-examination  Continued  by 
Mr.  Schuyler. 

Q.     When  did  you  go  to  Purdue? 

A.  The  afternoon  of  August  2>^st 
was  the  date  on  which  the  lamps  were 
taken  from  the  circuit,  and  I  followed 
the  lamps  a  day  or  two  later,  reaching 
Purdue  on  Thursday  follozving  that 
date. 

Q.     Two  lamps  were  taken? 
A.     Yes. 

Q.  From  what  points  wore  they 
taken  ? 

A.  You  will  find  that  in  the  tabu- 
lar sheet,  Exhibit  No.  26.  You  wilt 
find  one  lamp   marked  "M"   on   the 


margin.  That  is  the  one  taken  from 
North  Wahsatch  and  San  Rafael. 
The  other  lamp  is  marked  "J"  and 
zvas  taken  from  the  corner  of  North 
Weber  and  Bast  Uintah. 

Q.    These    were    the    only    lamps 
used  in  making  the  tests  at  Purdue? 
A.     Yes,  sir. 

Q.     Did  you  make  any  tests  in  the 
laboratory  here? 
A.    None  at  all. 

Q.  Take  Exhibit  No.  26,  test  No. 
I,  upon  Jiuie  2d.  At  that  test  Prof. 
Matthews  was  not  present? 

A.    No,  sir. 

Q.  Yourself,  Prof.  'Armstrong 
and  Prof.  Stricby  made  that  test? 


CROSS-BXAMIXATIOX—SHEDD. 


A.    Assisted  by  hvo  students. 

Q.  At  that  time,  and  for  the  pur- 
pose of  the  question  I  wish  to  assume 
these  facts :  There  were  six  cir- 
cuits in  Colorado  Springs,  and  241 
arc  lamps.  On  that  night  you  ex- 
amined one — only  one  lamp  and  on 
one  circuit? 

A.     That  is  true. 

Q.  I  ask  you  if  it  would  be  fair  to 
arrive  at  the  conditions  of  the  other 
lamps  on  the  circuit  from  an  ex- 
amination of  one  lamp? 

A.  Such  a  statement  that  the 
measurement  of  one  lamp  gave  accu- 
rate information  of  all  the  lamps  on 
a  circuit  or  all  the  lamps  of  the  city 
would  be  incorrect  and  has  not  been 
made. 

Q.  In  other  words,  you  do  not  in- 
tend this  committee  to  gather  from 
test  No.  I  the  idea  that  upon  that  cir- 
cuit all  the  other  lamps  were  of  the 
same  voltage  and  were  consuming  the 
same  number  of  watts  that  existed 
at  the  corner  of  Wood  avenue  and 
East  Espanola? 

A.    No. 

Q.  Then,  I  understand  you  take 
the  position,  that  being  true,  an  ex- 
amination of  one  lamp  upon  one  cir- 
cuit would  not  give  you  any  data  as 
to  the  conditions  of  lamps  upon  other 
circuits,  except  as  you  got  it  from 
general  observation,  that  is  true? 

A.     That  is  correct. 

Q.  Does  an  examination  of  this 
one  lamp  give  you  any  specific  or  ac- 
curate data  as  to  the  condition  of  the 
other  lamps  upon  the  same  circuit? 

A.  If  we  read  the  current  upon  a 
fliven  lamp,  then,  in  the  present  sys- 
tem of  lighting  circuits  in  use  on  our 
streets,   at   that   moment   of   reading 


the  same  current  will  be  present  on 
that  ivhole  circuit. 

Q.  Aside  from  the  possible  pres- 
ence of  grounds  on  lamps  and  aside 
from  possible  local  conditions  pecu- 
liar to  each  lamp? 

A.  No,  sir,  aside  from  grounds 
only. 

Q.     But   it   doesn't   give   you   any 
idea  as  to  the  voltage  at  other  lamps? 
A.    No,  sir. 

Q.  Well,  then,  can  you  fairly  ar- 
rive at  the  watt  consumption  in  all 
the  lamps  of  a  circuit  by  knowing 
simply  the  current  of  one  lamp? 

A.  The  only  knowledge  that  the 
measurement  of  one  lamp  gives  us 
'ivith  respect  to  other  lamps  on  a  cir- 
cuit is  zvith  respect  to  the  current 
through  other  lamps.  Therefore, 
aside  from  the  impression  that  you 
get  visually  with  respect  to  the  other 
lamps,  you  have  no  knowledge  of  the 
other  lamps. 

Q.  The  point  is  this,  you  state  to 
this  committee  you  don't  want  them 
to  infer  anything  as  to  the  other 
lamps  except  what  you  got  from  your 
visual  observation;  what  visual  ob- 
servation did  you  make  of  the  other 
lamps  on  that  circuit? 

A.  I  made  this  observation;  they 
ivere  burning. 

Q.     Where  were  the  other  lamps? 
A.     Up  and  dozen  that  street. 

Q.  Is  that  the  only  circuit  found 
on  that  street? 

A.  I  don't  know;  I  know  the 
lamps  around  that  place  are  upon  the 
<!ame  circuit,  or  presumably  so. 

Q.     Then  as  a  question  of  fact,  you 


126 


CROSS-EXAMINA  TION—SHEDD. 


didn't  know  the  limits  of  the  circuit, 
did  you  at  that  time? 
A.    No,  sir. 

Q.  Then,  so  far  as  you  know,  you 
may  have  been  seeing  lamps  that  were 
upon  other  circuits? 

A.     That  is  true. 

The  purpose  of  our  test  was  to 
determine  the  light  of  a  given  lamp. 
I  confined  myself  to  that  problem. 
The  information  with  respect  to  the 
circuits  you  speak  of  I  do  not  regard 
as  essential  to  it. 

Q.  I  gather,  then,  at  different 
lamps  upon  the  same  circuit  there 
may  be  a  very  material  difference  in 
the  voltage? 

A.  If  there  is  a  difference,  ma- 
terial difference  in  the  voltage,  it  in- 
dicates a  lack  of  regulation  upon  that 
circuit.  If  the  lamps  are  in  good  con- 
dition the  measurement  of  one  lamp 
is  prima  facie  evidence  of  the  condi- 
tion in  the  other  lamps;  if  that  is 
deviated  from,  it  is  evident  that  the 
other  lamps  are  not  in  the  condition 
as  the  lamp  tested. 

Q.  What  is  the  standard  of  regu- 
lation; what  should  the  adjustment 
be? 

A.  The  lamp  was  shown  and  by,  I 
believe,  yourself  is  zvhat  is  known  as 
G.  E.  Co.  6.6  ampere  alternating  cur- 
rent lamp;  it  is  427  watt  lamp,  about 
400  watts  in  the  arc,  and  it  should 
give  6.6  amperes  in  the  lamp;  the 
voltage  is,  approximately,  72  volts. 

Q.  These  lamps  you  took  East 
with  you,  their  voltage  was  as  found 
here  in  Exhibit  No.  26,  items  9  and 
10? 

A.  The  voltage  on  lamp  M  we 
tested  to  73.2,  the  average  of  the 
test.    Watts  302. 


Q.    Item  10? 

A.  10  was  tested  twice;  on  the 
first  occasion  the  volts  were  43.4  on 
the  second  occasion  61.7  and  the 
ivatts  240  and  343,  respectively. 

Q.     Both  on  the  same  night? 
A.     Both  on  the  same  night. 

Q.  Tests  on  the  same  lamp  dif- 
fered in  round  figures  18  volts  and 
105  watts? 

A.     Yes,  sir. 

Q.  Between  1.22  A.  M.  and  4.28 
A.  M.  you  got  hold  of  some  lamps 
which  were  not,  according  to  your 
tests,  adjusted  to  the  capacity  or  in 
the  way  that  they  were  designed  to 
be  adjusted? 

A  We  found  no  lights  on  that 
night  so  adjusted. 

Q.  You  picked  out  a  poor  lamp  to 
bring  up  here? 

A.  We  selected  one  below  and  one 
above  the  average. 

Q.  But,  you  have  stated,  Profes- 
sor Shedd,  there  is  a  certain  stand- 
ard for  these  lamps.  How  do  you 
know,  not  knowing  the  lamps  of  a 
circuit  or  what  other  lamps  are  upon 
it,  that  the  lamp  you  came  across  was 
not  one  that  had  something  wrong 
with  its  particular  adjustment? 

A.    I  don't  knozv. 

Q.  You  didnt  make  any  search  to 
find  out  whether  or  not  some  pecu- 
liar condition  effected  this  lamp  which 
you  examined  as  test  number  one  on 
June  2d,  which  did  not  exist  in  the 
other  lamps  on  the  circuit? 

A.  We  did  this  on  that  night;  we 
tested  as  many  lamps  as  the  time  of 
the  night  would  permit;  we  went 
from   point   to   point   of   the   city   in 


CROSS-BXAMINA  TION—SHEDD. 


127 


order  that  we  might  not  accidentally 
confine  ourselves  to  one  circuit;  in 
so  far  as  ue  did  that,  it  was  in  order 
that  we  should  get  tests  front  dif- 
ferent parts  of  the  city. 

Q.     And  get  upon   other  circuits? 
A.     Yes,  sir. 

Q.  But,  I  understood  you  to  say. 
in  starting  this  discussion,  you  tes'.ed 
on  that  night  one  lamp  and  one 
alone? 

A.  You  are  correct  in  that;  I 
thought  you  zvere  referring  to  other 
tests. 

Q.  You  say  you  were  testing  for 
light;  were  you  testing  for  light  in 
the  absence  of  having  your  photo- 
metrical  machinery,  or  were  j-ou  test- 
ing for  energy? 

A.  In  a  test  for  light,  the  first 
step  is  to  find  the  energy  in  the  lamp. 

Q.  The  result  of  your  work  upon 
the  streets  of  Colorado  Springs  upon 
June  2d  was  summed  up  in  watts? 

A.  The  summing  up  of  the  in- 
formation gained  on  these  various 
nights  zvas  the  amperage,  voltage 
and  zcattage  of  the  lamps. 

Q.  Professor  Matthews  didn't 
make  any  photometric  tests  in  Colo- 
rado Springs,  did  he? 

A.    No,  sir. 

Q.  The  photometric  tests  were 
made  in  the  laborator>-  in  Purdue 
University  ? 

A.     Correct. 

Q.  The  low  condition  of  the  two 
lamps  you  took  away  from  here  may 
have  been  due  entirely  to  some  fail- 
ure to  properly  adjust  these  lamps? 

A.     Xo.  sir. 


Q.  When  you  took  these  lamps  off 
the  streets  here  and  shipped  to  Pur- 
due, they  were  taken  apart? 

A.    No,  sir. 

Q.     You    took    the    carbons    out? 
A.     No,  sir;  not  to  my  knowledge. 

Q.     Do  you  know  the  lamps  were 
shipped  just  as  taken  off  the  street? 
A.    So  far  as  I  know. 

Q.     Do  you  know? 

A.    J  didn't  pack  them. 

Q.    Go  ahead? 

A.  After  having  gotten  them  at 
Purdue  in  shape  for  testing,  the 
globes  were  cleaned  and  the  lamps 
hung  up;  they  zvere  then  tested  for 
four  conditions. 

Q.  Just  a  moment ;  that  was  a 
lamp,  which  when  you  measured  it 
upcn  the  streets  of  Colorado  Springs 
had  6.6  amperes,  43.4  volts  and  240 
watts  ? 

A.     Yes,  sir. 

Q.    And  later  the  same  night  had 
6.7  amperes,  61.7  volts  and  343  watts? 
A.     That  is  the  idea. 

Q.    All  right  now. 
A.    It  zvas  tested  for  the  condition 
of  240  zvatts. 

Q.     That  was  your  first  test? 

A.  Yes,  sir,  photometric  tests  were 
made,  the  different  amperage  and 
volts  being  adjusted  to  the  conditions 
found  on  the  street.  The  lamp  zvas 
first  tested  at  240  zuatts;  it  was  next 
tested  at  340  zoatts;  it  zcas  also  tested 
at  480  zcatts,  zvhich  zvas  entirely  out 
of  the  range  of  our  determination  on 
the  street. 

Q.     Let  me  ask  you,  while  on  this 


128 


CROSS-BXAMINA  TION—SHEDD. 


lamp  and  this  circuit,  you  don't  know 
that  the  other  lamps  on  that  circuit  at 
this  time  or  any  other  time  were  not 
up  to  the  standard  prescribed  by  the 
General  Electric  Company;  that  is. 
427  watt  lamp? 

A.  Except  as  my  visual  impression 
led  me.  Now,  the  second  lamp,  "M," 
was  found  to  be  working  at  390  watts 
and  we  so  tested  it.  We  also  tested 
it  for  427  Tvatts,  that  being  as  you 
know  the  rated  consumption  for  a 
lamp. 

Q.  May  I  ask  you  if  the  data  con- 
tained in  Exhibits  26,  27,  28  and  29 
contain  all  of  the  data  derived  by  you 
and  your  associates  from  the  ex- 
amination of  these  lamps  and  tests 
which  are  set  out  in  Exhibits  26, 
27,  28  and  29? 

A.  The  documents  which  you  have 
mentioned  contain  summaries  of 
these  tests. 

Q.  I  will  ask  you  to  state  how 
many  different  lamps  in  the  City  of 
Colorado  Springs  were  examined  by 
you  and  your  associates  upon  which 
you  made  tests? 

A.  Taking  summary  sheet  No.  26, 
there  are  the  following  pairs  of 
lamps,  that  is,  2  and  i\,  North  Corona 
and  East  Columbia;  also  7  and  14; 
also  10  and  17;  also  8  and  15.  Those 
are  the  same  lamps  and,  of  course, 
therefore,  are  duplicates.  The  street 
tests  were  taken  on  four  separate 
nights — June  2,  July  sth  and  August 
30  and  31? 

Q.  Professor  Matthews  was  pres- 
ent on  August  30  and  31? 

A.  That  is  correct.  On  the  first 
night  one  lamp  zvas  tested;  on  the 
second,  two  lamps;  on  the  third,  one 
lamp;  on  the  fourth,  thirteen  tests 
were  made  on  nine  separate  lamps. 


Q.     Thirteen  lamps? 
.4.     Thirteen  lamps  out  of  a  total 
of  seventeen  tests. 

Q.  Do  you  know  you  covered  all 
the  circuits  of  the  city? 

A.  I  don't  know  whether  we  did 
or  not. 

Q.  You  don't  know  whether  the 
conditions  here  may  not  have  ex- 
isted in  the  lamp,  which  may  have 
had  some  peculiar  local  adjustment, 
aside  from  your  visual  observation? 

A.  If  some  one  should  say  to  me 
that  was  his  conclusion,  I  would  be 
tumble  to  convince  him  to  the  con- 
trary. 

Q.  Will  you  explain  item  No.  4, 
on  Exhibit  26,  the  light  on  the  corner 
of  Tejon  and  East  Cache  le  Poudre? 

A.  On  the  night  of  July  $th  an 
incident  occurred,  as  follows:  The 
committee  7vas  progressing  with  the 
test  upon  a  lamp  mounted  on  a  pole 
at  the  corner  of  Cache  la  Poudre  and 
Tejon  streets;  we  were  about  half 
way  through  the  readings,  when  a 
small  wagon  with  two  men  drove  up; 
the  wagon  bore  the  name  C.  S.  Elec- 
tric Company.  One  of  the  men 
alighted  from  the  wagon  and  asked 
permission  to  view  the  test.  We 
zcere  mounted  on  a  wagon  ourselves. 
He  forthwith  mounted  our  wagon. 
He  then  cvplained  they  had  not  ad- 
lusted  the  pole  lamps,  but  that  they 
had  adjusted  those  that  could  be 
lowered,  such  as  those  on  Tejon 
street,  south  of  us.  He  further  said 
that  he  would  climb  the  pole  and  fix 
this  lamp.  I  suggested  that  he  wait 
until  our  tests  ivere  through,  so  as 
not  to  break  the  continuity  of  that 
test.  He  stated,  hozvever,  it  would 
make  no  difference. 


CROSS-EX  AMIN  A  TION—SHEDD. 


129 


Q.  Did  you  protest  it  would  make 
a  difference? 

A.  I  said,  "You  had  better  wait 
until  we  are  through,  so  as  not  to 
break  in  on  our  test."  He  went  up 
the  pole  and  fixed  the  lamp;  then  he 
inquired  if  the  lights  were  not  better. 

Q.  You  had  completed  the  first 
test? 

A.  No;  we  had  not;  we  had  taken 
about  twelve  readings,  then  I  took 
two  or  three  readings  subsequent  to 
his  coming  down. 

Q.  That  throws  a  very  great  deal 
of  light  on  two  propositions;  one  in 
case  of  failure  to  adjust  properlj',  a 
lamp  may  be  deficient;  second,  that 
lamps  are  capable  of  receiving  far 
greater  voltage  and  consuming 
greater  wattage  than  the  standard 
calls  for  of  427  watts  for  a  6.6  am- 
pere lamp? 

A.  The  incident  illustrates  that  a 
lamp  can  be  adjusted  and  in  the  par- 
ticular case  here,  was  so  adjusted  as 
to  take  a  larger  wattage  than  it  was 
taking  in  the  first  place. 

Q.  How  many  pole  lamps  were 
there  ? 

A.  He  told  us  the  number;  I 
think  about  a  dozen. 

Q.  He  stated  to  you  the  rest  of 
the  lamps  which  could  be  lowered 
had  been  adjusted? 

A.  He  gave  us  to  understand  that 
the  lamps  that  could  be  lowered  had 
been  adjusted.  The  party  concerned 
said  it  was  unfair  for  us  to  test  lamps 
before  they  had  been  adjusted. 

Q.  We  want  you  to  now  describe 
to  us  fully  what  you  and  your  asso- 
ciates did  when  vou  went  forth  on 


August  30,  1906,  in  the  way  of  get- 
ting at  the  wattage,  etc.? 

A.  Take  the  light  on  the  corner  of 
South  Wahsatch  and  East  Cimarron, 
Test  5.  The  parties  present  were  C. 
P.  Matthews,  J.  R.  Armstrong,  Wil- 
liam Strieby,  J.  C.  Shedd  and  V.  T. 
Brigham. 

The  procedure  was  as  folloivs: 
Mr.  Brigham  was  installed  at  the 
ammeter,  Mr.  Armstrong  was  in- 
stalled at  the  voltmeter,  Mr.  Matthews 
was  installed  at  the  wattmeter.  The 
instruments  were  mounted  on  a  small 
table  in  a  zvagon,  of  course,  the  whole 
being  lighted  by  the  light  of  the 
lamp  under  test. 

Professor  Strieby  and  myself  were 
standing  on  the  ground,  then  Pro- 
fessor Strieby,  holding  his  watch 
first,  gave  five  to  ten  seconds  warn- 
ing; then  he  said  "read."  The  three 
parties  read  their  instruments  simul- 
taneously, the  first  reading,  for  ex- 
ample, amperes,  7;  volts,  69;  watts, 
460.  That  was  repeated  at  half- 
minute  intervals,  five  seconds  warn- 
ing being  given. 

Ten  readings  were  taken,  the  last 
one  being  taken  at  ten  o'clock,  thirty- 
three  minutes  and  thirty  seconds.  The 
summary  you  have  in  Exhibit  No.  26 
is  the  average  for  the  current,  the 
average  for  the  voltage  and  the  aver- 
age for  the  wattage.  On  this  occas- 
ion I  figured  it  7  for  the  amperage, 
73-7  for  the  voltage  and  for  the  wat- 
tage, 436. 

Q.  You  took  ten  readings  on  that 
night? 

A.  Yes,  on  that  night,  August 
3,0th;  on  previous  nights  we  had  been 
taking  fifteen  readings  at  two  minute 
intervals, 


130 


CROSS-EX  AMIN  A  TIOM—SHBDD. 


Q.  How  long  after  the  lamp  was 
turned  on  did  readings  begin? 

A.  I  think  you  may  say  about  fif- 
teen minutes  to  a  half  hour;  at  least 
fifteen  minutes  would  elapse  between 
the  time  we  cut  the  lamp  out  to  con- 
nect our  instrument  and  cut  in  and 
began  to  take  readings. 

Q.  Now  what  scale  ammeter  did 
you  have;  tell  us  about  that? 

A.  Scale  was  sero  to  ten  am- 
peres, with  Western  standard  porta- 
ble A.C.  and  D.C.  voltmeter,  that 
read,  I  believe,  up  to  150  volts. 

Q.  Where  did  you  get  the  amme- 
ter? 

A.  The  three  instruments  used 
that  night  zvcre  brought  out  here  by 
Professor  Matthezvs  from  Purdue. 

Q.    Were    the    calibrations    in    all 
circumstances  satisfactory  to  you? 
A.     Yes. 

Q.    When  were  they  calibrated? 

A.  These  had  been  calibrated  very 
shortly  before  the  tests  were  taken. 
The  instruments  were  secured,  except 
the  ammeter,  for  the  purpose,  in  an- 
ticipation of  these  tests. 

Q.  Now  there  was  nothing  in  any 
information  that  you  got  from  that 
test  in  Colorado  Springs  that  en- 
abled you  to  fill  up  columns  six  and 
seven,  Exhibit  No.  26,  maximum 
candle  power  and  mean  hemispherical 
cindle-power,  was  there? 

A.  The  test  that  furnished  us  the 
direct  evidence  for  that  is  given  by 
the  curves  and  belongs  to  the  Purdue 
Laboratory  tests. 

Q.    Where  did  you  get  the  curves? 
A.     Why,  from  the  tests  we  made 
m  Purdue. 


Q.  Professor,  the  papers  marked 
"Exhibits  28  and  29,"  they  are  signed 
by  J.  C.  Shedd  and  J.  R.  Armstrong? 

A.     Yes,  sir. 

Q.  Are  those  the  results  of  the 
sole  work  of  yourself  and  Mr.  Arm- 
strong, or  are  they,  also,  results  of 
Mr.  Matthews'  work;  that  is,  the 
work  of  all  of  you? 

A.  We  all  made  the  tests  on  which 
these  two  curves  are  based  at  Pur- 
due; these  particular  curves  were 
drawn  by  Mr.  Armstrong  and  my- 
self; they  are  the  results  of  the  Pur- 
due tests. 

Q.  Were  globe  and  reflector  used 
in  making  the  test? 

A.  The  lamp  was  trimmed  pre- 
cisely as  we  found  it  on  the  street, 
inner  globe  and  outer  globe;  it  zms 
mounted  in  that  same  manner,  in  the 
laboratory. 

Q.  If  you  were  a  purchaser, 
would  you  be  willing  to  take  as  a 
standard  measurement  upon  which 
payment  should  be  made,  an  expert 
test  of  one  lamp,  under  the  conditions 
you  have  testified,  with  visual  ob- 
servation for  the  balance,  and  pay 
for  all  lamps  on  that  basis,  where 
there  are  two  hundred  and  forty-one 
lamps  and  six  circuits? 

A.  As  I  under tsand  the  question, 
it  is  this,  if  I  were  in  a  position  to 
furnish  arc  lights  for  the  city  streets, 
under  the  system  as  zve  have  it  here, 
and  the  question  came  up  as  to  estab- 
ing  a  standard  or  basis  upon  zvhich 
payment  should  be  made  or  received 
zvould  I  accept  a  basis  as  represented 
by  these  tests  for  such  settlement.  If 
I  were  selling  light,  as  I  understand 
the  case  to  be  here,  I  zvould  be  com- 
pelled in  all  fairness  to  accept  some 


RE-DIRECT    EXAMINA TION—SHEDD. 


131 


basis  or  test  to  determine  what  light 
was  being  furnished.  Knowing,  as 
I  do,  this  make  of  lamps  and  because 
I  consider  the  tests  made  upon  two 
lamps,  establishes  a  basis  to  de- 
termine the  amount  of  light  given, 
and  the  basis  so  determined  is  a  fair 
basis  therefore  I  would  accept  the 
average  of  those  tests,  although  I 
might  ask  to  have  these  tests  dupli- 
cated or  triplicated,  as  expert  and  a 
fair  basis.  This  duplication  or  tripli- 
cation would  give,  essentially,  the 
same  results.  If  I  were  selling 
light,  I  coudn't  object  to  that  basis 
as  a  basis  of  settlement;  if  I  were 
selling  power,  I  zvould  object  to  that 
basis. 

Q.  You  think  it  would  only  be 
fair  to  have  the  other  lights  taken 
into  consideration? 

A.    Xot  as  you  state  it. 

Q.  The  other  lamps  of  the  cir- 
cuit? 

A.  No,  sir,  I  do  not,  because  I 
think  they  are  taken  into  considera- 
tion, because  here  we  have  two  lamps 
taken  and  tested  in  the  laboratory  for 
their  capacity  to  give  light. 

Q.  You  have  answered  that  you 
would  pay,  would  you  buy  on  the 
basis  you  have  stated? 

A.  If  I  would  pay,  I  would  buy 
on  that  basis. 

Q.  Why  wouldn't  you  take  the 
wattmeter  at  the  plant  showing  the 
watts  consumed? 

A.  Because  there  would  be  line 
losses,  etc. 

Re-direct  Examination  by  Mr. 
Robinson. 

Q.  Professor  Shedd,  I  want  to 
ask  whether  or  not  the  amount  you 


would  have  to  pay  under  the  con- 
tract would  not  that  very  largely 
guide  you? 

A.  I  should  certainly  scan  the  con- 
tract before  signing  it. 

Q.    You  would  be  guided  and  gov- 
erned by  that? 
A.     Yes,  sir. 

Q.  Now,  when  these  tests  were 
made,  was  there  any  person  repre- 
senting the  city  present? 

A.  Up  to  September  is^  there  was 
no  person  representing  the  city  pres- 
ent or  any  of  the  parties  except  as 
they  made  themselves  present  with  us. 

Q.  As  you  have  heretofore  de- 
scribed in  one  instance? 

A.  On  the  test  of  another  even- 
ing there  was  a  representative  of  the 
city  as  spectator. 

Q.     Tell  the  Board  who  that  was? 
A.     That  was  the  City  Attorney. 

Q.  No  one  knew  when  you  were 
going  out? 

A.  No;  they  did  not  know  when 
we  were  going  out.  May  I  make  a 
statement? 

The  basis  represented  by  these 
curves  would  be  as  a  basis  from 
lamps  which  have  seen  service;  pos- 
sibly, in  fact,  it  is  highly  likely,  that 
a  test  made  upon  lamps  before  issued 
from  the  factory  in  their  new  condi- 
tion might  give  a  different  condition, 
but,  this  test  we  infer,  in  all  fairness, 
in  consideration  of  all  the  matters 
pertaining  to  it,  represents  the  condi- 
tion of  the  lamp  in  service;  therefore, 
on  that  basis,  I  regard  it  as  perfectly 
fair,  with  due  allowance,  it  would 
probably  tally  up  with  the  lamps  in 
the  factory. 


132 


RE-CROSS-EXAMINATION— SHBDD. 


Q.     Who  is  the  maker  of  the  lamps 
used  upon  the  city  streets  here? 
A.    General  Electric  Company. 

Q.    They    are    all    practically    the 
same? 
A.     They  are. 

Re  -  cross  -  examination  by  Mr. 
Schuyler. 

Q.  With  reference  to  your  volun- 
tary statement,  isn't  it  a  fact  that  if 
the  voltage  and  the  current  run  the 
same  it  doesn't  make  a  bit  of  differ- 
ence whether  the  lamp  is  old  or 
brand  new? 

A.  No,  the  gentleman  is  quite  mis- 
taken in  that. 

Q.     Tell  us  how. 


A.  It  would  depend  upon  condi- 
tions of  cleanliness  of  the  globes;  it 
could  depend  upon  the  quality  of  the 
carbons  used  in  the  lamps  them- 
selves. 

Q.  But  take  the  lamps  in  use  on 
the  street,  if  clean,  using  the  same 
carbon  and  same  voltage? 

A.  That  is  what  we  did;  we 
cleaned  up  the  lamps,  put  back  the 
old  carbons,  put  back  the  old  voltage, 
and  we  did  realise  the  same  condi- 
tions. 


Q. 

A. 
basis. 


You  mean  when  at  Purdue? 
When     we      established      this 

Witness  excused. 
Board  adjourned. 


DIRECT    EX  AMI  N  A  TIOA—MA  TTHEiVS. 


133 


THE    BOARD    MET    PURSUANT    TO    ADJOURNMENT,    AT    2 
P.  M..  FEBRUARY  2,  1907. 


PROF.  C.  P.  MATTHEWS,  be- 
ing first  duly  sworn  on  behalf  of  the 
Gity  of  Colorado  Springs,  testified 
as  follows,  to  wit: 

Examination  by  Mr.  Robinson. 

Q.  Are  you  acquainted  with  the 
electric  light  system  used  on  the 
streets   of   this   city? 

A.    I  am. 

Q.  When,  if  at  all,  did  you  ex- 
amine it? 

A.  I  came  here  last  August,  the 
latter  part  of  the  month,  and  I  looked 
over  the  system  somewhat  casually. 
I  looked  over  the  lights  quite  care- 
fully, that  being  the  thing  which  I 
liHis  supposed  to  report  upon. 

Q.  What  character  of  lighting 
system  did  you  find  it  to  be? 

A.  What  is  known  as  a  series 
alternating  current  6.6  amperes  con- 
stant current  system. 

Q.  Did  you  make  or  assist  in 
making  a  test  of  any  lamps  in  use 
upon  the  street  at  or  about  that  time? 

A.    I  did. 

Q.  I  hand  you  the  City's  Exhibit 
No.  26  and  ask  30U  to  examine  it 
and  state  what  tests,  shown  on  that 
Exhibit,  were  made  in  part  by  you? 

A.  Those  tests  bearing  date  Au- 
gust 30  and  31,  1906. 

Q.    Would  that  be  this  test  5  and 
the  subsequent  test? 
A.     Yes,  sir. 


Q.  Does  City's  Exhibit  No.  26 
correctly    show    the    result    of    those 

tests  ? 

A.    It  does. 

Q.  I  will  hand  you  City's  Ex- 
hibit No.  31,  and  ask  you  what  that 
is? 

A.  These  are  the  results  of  the 
candle-power  measurements  that  were 
made  on  lamps  designated  as  "J"  and 
"M,"  taken  from  the  streets  of  Colo- 
rado Springs  and  transported  to  my 
laboratory  at  Lafayette,  Indiana,  last 
sum  mer. 

Q.  That  correctly  shows  the  light 
curves  obtained  by  you  from  these 
tests  ? 

A.     Yes,  sir. 

Q.  Were  you  engaged  or  retained 
by  the  National  Electric  Light  As- 
sociation to  make  tests  of  lamps? 

A.  I  was.  These  tests  extended 
over  a  period  of  four  college  years, 
and  I  think  the  years  were  '99,  ,00, 
'01,  '02.  The  third  report  was  pre- 
sented in  1902,  the  last  in  1903. 

Q.  Please  s'.ate  to  the  Court  the 
maximum  candle-power  of  the  open 
arc  direct  current  lamp,  consuming 
9.6  amperes,  and  from  45  to  50  volts, 
when  operating  in  good  condition? 

A.  I  should  suppose  that  it  would 
be  about  1,200  candle-power.  This 
depends  upon  the  quality  of  the  car- 
bon used  to  a  large  extent. 

Q     Do  you  base  your  answer  upon 


134 


DIRECT    EXAMINATION— MATTHEWS. 


your  own  experiments  in  testing  the 
light  of  that  lamp? 
A.     Yes. 

Q.  I  will  ask  you  whether  or  not 
you  recently  tested  a  lamp  of  that 
kind  as  to  the  candle-power? 

A.    I  did,  quite  recently. 

Q.  What  would  you  say  is  the 
maximum  candle-power  of  the  alter- 
nating current,  series,  enclosed  6.6 
ampere  arc  lamp,  such  as  in  use  on 
the  streets  of  this  city? 

A.  A  liberal  estimate  would  he 
400  candle-power. 

Q.  Is  that  based  upon  your  fre- 
quent tests  of  candle-power  of  lamps 
of  that  kind? 

A.  Yes,  and  upon  the  tests  of 
others. 

Q.  What  would  you  say  is  the 
mean  hemispherical  candle-power  of 
a  9.6  ampere  direct  current  open 
arc  lamp? 

A.  In  general  terms,  700  candle- 
power. 

Q.  What  would  you  say  is  the 
mean  hemispherical  candle-power  of 
;m  alternating  current  enclosed  arc 
lamp  6.6  amperes? 

A.  Making  a  very  liberal  estimate, 
as  I  just  did  in  the  case  of  the  max- 
imum candle-power,  300  candles 
zvould  be  liberal. 

Q.  And  what  would  you  say  was 
the  mean  spherical  candle-power  of 
a  9.6  open  arc  direct  current? 

A.    Somewhere  about  450. 

Q.  What  would  you  say  was  the 
mean  spherical  of  a  6.6  ampere  en- 
closed alternating  current? 

A.  Say  150  for  that;  of  course, 
the  total  upper  hemisphere  is  dark; 


there  is  no  light  there  at  all,  so  that 
cuts  it  doivn  very  much  on  a  spheri- 
cal basis. 

Q.  Professor  Matthews,  can  you 
base  your  testimony  as  to  this  candle- 
power  upon  tests  made  by  yourself? 

A.    I  can. 

Q.     As    well    as    upon   tests   made 
by  others? 
A.     Yes,  sir. 

Q.  Professor,  would  you  consider 
that  the  tests  shown  or  the  results 
shown  by  City's  Exhibit  No.  26  of 
these  light  tests,  and  which  you  par- 
ticipated in,  would  fairly  represent 
the  lights  in  use  on  the  streets  in 
this  city  on  the  dates  those  tests 
were  made? 

A.    I  would. 

Q.     I  hand  you  Exhibit  No.  i,  and 
ask  you  to  read  Section  9. 
A.     Yes. 

Q.  I  will  call  your  attention  to 
the  phrase  "such  arc  lights  of  stand- 
ard 2,000  candle-power  each,"  found 
in  Section  9  of  the  Ordinance  of 
September  8,  1898,  and  ask  you,  in 
the  absence  of  any  other  agreement 
or  understanding  between  the  par- 
ties to  said  Ordinance  at  the  time 
of  its  passage,  what,  in  your  opinion, 
IS  the  meaning  of  that  phrase? 

A.  I  should  say  that  called  for 
the  light  from  an  old  style,  open, 
arc  lamp,  consuming  gy2  amperes,  45 
to  47  volts,  approximately  450  watts 
at  the  arc,  direct  current. 

Q.  As  I  remember  your  testimony 
a  few  minutes  ago,  the  maximum 
candle-power  of  such  a  light  would 
be  about  1,200? 

A.  Yes,  I  stated,  I  think,  it  might 
be  more  than  that  and  it  might  be 


CROSS-EX  AMIN  A  TION—MA  TTHEJVS. 


135 


Ifss;  the  quality  of  the  carbon  being 
somewhat  of  a  factor,  but  that  is,  I 
consider,  a  good,  reasonable  average 
value. 

Cross  -  examination  by  Mr. 
Schuyler. 

Q.  Is  not  the  6.6  ampere,  en- 
closed arc  lamp  very  popular  and 
being  used  in  a  great  many  cities 
of  this  country  and  recognized  as 
superior  to  the  old  9.6  open  arc  di- 
rect lamp? 

A.  In  answering  the  first  part  of 
your  question,  it  is  used  in  a  great 
many  cities;  as  to  its  superiority,  I 
don't  admit  that;  I  don't  consider  it 
superior  to  the  9J/2  ampere,  open  arc, 
direct  current  lamp  as  a  light  source. 

Q.  What  do  you  think  of  it's  il- 
luminating and  distributing  value? 

A.  I  don't  think  it  is  superior  in 
that  respect. 

Q.  In  what  respect  is  it  superior, 
in  your  opinion? 

.4.     Chiefly    in    economy. 

Q.     Simply   from   a   standpoint   of 
commercialism  ? 
A.     Yes. 

Q.  It  has  been  very  generally  or 
is  being  very  generally  accepted  in 
this  country,  is  it  not,  as  superior 
in    illuminating   value  ? 

A.  IVell,  I  think  there  are  many 
who  make  such  claims  for  it;  those 
are  chiefly  interested  in  the  exhibi- 
tion and  sale  of  the  lamp,  I  think. 

Q.  Your  employment.  Professor, 
has  chiefly  been  from  the  municipal 
side  of  this  question,  has   it  not? 

A.    Not  altogether. 

Q.    Mostly  so? 


A.  No,  I  have  served  for  private 
light  corporations  quite  a  number  of 
times. 

Q.    You  are  a  strong  advocate  of 
municipal  lighting? 
A.    No,   oh,   no. 

Q.  Well,  the  2,000  candle-power 
lamp  you  have  described,  is  generally 
considered  throughout  the  countr\'  as 
being  one  which  consumes  at  the 
lamp  terminals  450  watts? 

A.  At  the  arc  450  watts,  or  as 
uas  stated  in  that  Philadelphia  res- 
olution, 450  watts  at  the  terminals 
when  no  sensible  resistance  is  intro- 
duced. Of  course,  that  is  equivalent 
to  450  watts  at  the  arc. 

Q.  Is  this  so-called  Philadelphia 
resolution  one  generally  recognized 
all  over  the  countrj-  as  being  the 
proper  definition  of  the  so-called 
standard  2,000  candle-power  light? 

A.  I  think  it  is,  so  far  as  the  9.6 
ampere  open  arc  is  concerned;  I  don't 
think  it  applies  to  the  other  kind  of 
arc  lamp. 

Q.  Wouldn't  any  lamp,  however, 
which  consumes  at  the  lamp  termi- 
nals 450  watts  get  this  definition, 
generally   speaking  ? 

A.     Not  in  my  opinion. 

Q.  Isn't  it  a  fact,  that  the  sub- 
ject of  lighting  and  the  capacity  of 
arc  lamps  is  considered  from  the 
standpoint  of  consumption  of  watts? 

A.  .\'o.  In  the  arc  field,  I  should 
personally  say,  that  is  only  one  of 
tl.r  factors. 

Q.  Are  contracts  for  lighting  by 
street  arc  lights  made,  at  all,  upon 
the  basis  of  actual  candle-power  in 
this  country  to-day? 


136 


CROSS-BXAMINA  TION— MATTHEWS. 


A.  Well,  1  don't  know  that  they 
are  not.  I  think  it  is  not  general 
to  make  them  on  that  basis. 

Q.  Can  you  state  a  single  case 
where  they  are  made  upon  the  basis 
of  actual  candle-power  in  the  United 
States   to-day? 

A.  I  can't  cite  a  case;  that  doesn't 
mean,  necessarily,  that  I  can't  cite 
one  on  looking  at  my  records. 

Q.  They  are  not  of  such  frequent 
occurrence  as  to  come  under  your 
attention  and  to  impress  your  mind 
with  a  single  instance,  are  they? 

A.    No,  sir. 

Q.  So  you  would  at  least  say  to 
this  committee,  to  be  fair,  that  act- 
ual candle-power,  in  the  United 
States,  to-day,  is  not  the  basis  taken 
into  consideration  in  the  making  of 
contracts  pertaining  to  these  arc 
street   lights? 

A     I  would  consider — 

Q.  Then  you  concur  fully  in  the 
rule  established  by  the  National  Elec- 
tric Light  Association  in   1804? 

A.  I  understand  that  to  be  the 
definition  of  the  2,000  candle-power 
lamp  as  the  term  is  commercially  un- 
derstood, but  I  further  understand 
it  to  mean  450  watts  of  direct  cur- 
rent, because  that  was  the  lamp  which 
ivas  in  existence  at  the  time  this  res- 
olution was  framed. 

Q.  Wasn't  it  also  brought  to  your 
attention,  that  at  the  International 
Electric  Congress  of  1893  there  was 
a  discussion,  the  result  of  wliich  Dr. 
T.  C.  Mendenhall  made  a  report  in 
which  he  said  that  while  the  Associa- 
tion came  to  a  unanimous  definition 
of  ampere,  volt  and  watt,  which 
definition   was    afterward    legalized. 


they  failed  to  declare  a  satisfactory 
unit  of  light,  and  some  of  the  Amer- 
ican delegates  at  that  Congress  asked 
it  to  relieve  them  by  a  definition  of 
2,000  candle-power  light,  it  being  one 
operated  at  450  watts,  but  the  repre- 
sentatives of  the  other  nations  de- 
clared that  they  never  made  con- 
tracts in  candle-power,  and  that 
Americans  should  not  be  so  foolish 
as  to  do  so.  You  remember  those 
circumstances  ? 
A.     Yes. 

Q.  That  was  followed  by  the  Na- 
tional Electric  Association,  in  1894, 
defining  for  commercial  purposes, 
the  meaning  of  the  term  2,000  candle- 
power  light,  wasn't  it? 

A.     Yes. 

Q.  Now,  in  the  year  1898,  the 
dale  this  contract  was  made,  was 
the  art  in  such  shape  or  condition 
as  to  permit  the  electric  fraternity 
to  take  actual  candle-power  as  a 
basis  for  makmg  an  arc  lighting  con- 
tract ? 

A.     I  don't  think   it  was. 

Q.     Or  at  the  present  time? 

A.  At  the  present  date  it  is  dif- 
ferent; at  the  present  date  we  know 
a  w'hole  lot  about  candle-power  thai 
7i.'e  didn't  know  in  '98  or  '94. 

Q.  Even  now,  you  are  not  in  con- 
dition to  make  an  actual  candle- 
power-basis  contract? 

A.     I  thtnk  we  are. 

Q.     You    can't    cite    an     instance 
where  it  is  being  done  now? 
A.    No. 

Q.  On  September  8,  1898,  was 
there  to  your  knowledge  anywhere 
any  such  thing  as  a  light  for  street 


CROSS-EX  AMIX  A  TIOS—MA  T  THE  \VS. 


137 


purposes  giving  actual  2,000  candle- 
power  ? 

A.  There  were  lights  that  mould 
give  2,000  candle-pozver  at  certain  in- 
stants of  their  operation,  but  not  an 
average  of  2,000  candle-pozver.  J 
think  they  were  especially  poivcrful 
arcs,  such  as  used  in  the  tozi'cr  system 
of  lighting,  which  gave  more  than 
2,000  candle-power. 

Q.     Was  that  for  commercial  uses 
upon   streets  ? 
A.     Ves,  sir. 


Where? 
Detroit. 

What  current? 
About  30  amperes. 


Q.  What  were  the  circumstances 
surrounding  its  use  in  Detroit;  tell 
us  fully? 

A.  Well,  there  were  various  cities 
that  used  the  tower  system  of  lights, 
where  the  arcs  xvere  placed  on  high 
steel  towers.  Those  arcs  took  a 
larger  current. 

Q.  How  high  were  the  steel  tow- 
ers, 150  or  160  feet,  so  as  to  get 
away    above   surrounding   objects? 

A.     Yes. 

Q.  Those  were  special  conditions, 
were  they  not? 

A.  Yes,  the  number  of  cities 
lighted  by  the  tower  system  was  com- 
paratively small. 

Q.  Are  you  positive  these  Detroit 
lights  were  not  9.6  ampere  lights? 

A.  No,  sir,  but  knowing  that  cer- 
tain of  the  tower  systems  used  high 
current  lamps,  I  inferred  the  De- 
troit lights  were  of  the  same  cur- 
rent.   I  am  not  positive  of  that  fact. 


Q.  I  want  to  ask  you,  Professor, 
upon  what  basis  you  place  your  claim 
that  the  9.6  ampere  light,  the  old 
style  direct  open  arc,  is  superior  to 
the  present  6.6  ampere  enclosed 
lamp  ? 

A.  Well,  it  gives  more  light  per 
zvatt  of  energy,  and  it  gives,  m  spite 
of  the  clai)ns  to  the  contrary,  a  better 
distribution  of  light,  not  perhaps 
throughout  the  entire  time,  but  in 
general  a  steadier  distribution. 

Q.  As  the  arc  moves  from  one 
side  to  the  other,  that  lamp  extends 
the  light  very  much  to  one  side,  does 
it  not,  and  leaves  the  other  in  a 
great  shadow? 

A.     Yes,  sir. 

Q.  The  enclosed  arc  6.6  does  not 
do  that  to  so  great  an  extent,  does 
it? 

A.    I  think  it  does. 

Q.  What  is  the  fluctuation  or  ra- 
tio of   one  type  to  the  other? 

A.  I  can't  give  you  the  numerical 
figure  for  it  without  looking  it  up 
in  my  reports,  but  I  have  published 
the  figures. 

Q.  One  other  objection  to  the 
open  arc  lamp  that  is  made  is,  there 
is  a  great  variation  in  the  candle- 
power  of  the  arc,  caused  by  the  in- 
creased length  of  the  arc  from  the 
picking   up   to   the    feeding  point? 

A.  There  is  a  very  considerable 
variation. 

Q.  That  is  one  of  the  objections 
made  to  it? 

A.  That  is  an  objection  to  any 
arc   lamp. 

Q.  It  is  greater  in  this  style  of 
lamp? 


138 


CROSS-EXAMINATION— MA  TTHEWS. 


A.  It  may  be  someiuhat  higher  in 
the  gyz  ampere  D.  C.  arc  than  it  is  in 
the  other. 

Q.  There  is  another  objection  to 
that  style  lamp,  which  is  caused  by 
a  wandering  of  the  arc,  due  to,  for 
example,  a  heavy  draft  of  wind,  isn't 
that  true? 

A.  Well,  the  D.  C.  arc  certainly 
zvanders,  so   does   the   enclosed  arc. 

Q.     Doesn't  it  wander  more? 

A.  I  don't  think  it  does.  It  wan- 
ders in  the  enclosed  arc  as  any  man 
can  see  by  looking  at  the  arc;  it  is 
here,  presently  it  is  over  there;  it 
is  the  very  ivandering  of  this  arc 
that  keeps  the  carbons  balanced  for 
feeding.  In  the  direct  current  arc 
you  have  a  crater  which  tends  to 
limit  the  wandering  of  that  arc  to  a 
very  small  circle. 

Q.  Isn't  it  a  fact  that  it  some- 
times takes  the  direct  current  open 
arc  lamp  from  four  to  fifteen  min- 
utes to  feed,  that  it  takes  the  en- 
closed arc  from  three  to  four  hours 
to  feed? 

A.  The  old  style  arc  feeds  more 
frequently  than  the  nezv  style,  other- 
7vise  the  carbon  in  the  latter  wouldn't 
hist  so   long. 

Q.  Well,  isn't  it  true  when  this 
feeding  is  going  on  so  frequently  in 
the  direct  open  arc  the  light  falls 
down  then  comes  up  again,  flickers 
back  and  forth,  suddenly  decreases 
and  comes  up  again? 

A.     That  is  true. 

Q.  Now,  there  are  certain  conten- 
tions made  by  certain  persons,  how- 
ever ill  advised  they  may  be  in  your 
opinion,  that  the  6.6  ampere  enclosed 
lamp  is  superior  to  the  old  open  arc? 


A.  There  are  such,  yes,  sir,  I  have 
heard  them  repeatedly. 

Q.  But,  I  understood  you  to  say 
the  old  lamp,  in  your  opinion,  is 
superior,  and  yet  it  has  been  falling 
off  continually  in   use? 

A.    It  has. 

Q.    When  did  you  make  your  last 
test  of  such  a  lamp? 
A.    About  two  weeks  ago. 

Q.  It  was  then  you  made  this  test 
Exhibit  No.  32,  about  which  you 
testified? 

A.     Yes. 

Q.  Of  the  old  style  9.6  open  arc 
lamp? 

A.  Only  one  of  these  curves  apply 
to  that.  There  are  various  other 
tests  on  this  same  sheet.  The  curve 
sheet.  Exhibit  No.  32,  shows  the  dis- 
tribution of  light  in  the  lower  hemi- 
sphere from  five  different  individual 
lamps,  and  also  the  combined  result 
of  a  number  of  tests  reported  in  my 
arc  light  report  before  the  National 
Electric  Light  Association.  Starting 
with  the  largest  of  the  curves,  A,  we 
have  the  D.  C.  gYz  ampere  open  arc, 
next  inward,  B,  is  one  of  the  Colo- 
rado Springs  enclosed  lamps  run  at 
480  watts;  curve  C  is  one  of  these 
same  lamps  run  at  the  normal  watt- 
age of  427;  curve  D  is  the  mean  of 
a  number  of  tests  on  6.6  ampere  A. 
C.  enclosed  arc  lamps  of  the  series 
type,  reported  to  the  National  Elec- 
tric Light  Association.  Curve  D  is 
not  the  same  contour  as  the  others 
because  the  lamps  tested  in  the  N.  B. 
L.  A.  tests  zvcre  equipped  with  opales- 
cent inner  globes,  whereas  the  Colo- 
rado Springs  lamps  were  fitted  with 
clear  inner  globes.  Curve  E  is  one 
of  the  Colorado  Springs  lamps  run 


STA  TEMES  T— SCHUYLER. 


139 


at  342  watts,  and  curve  F  is  still  an- 
other of  these  lamps  run  at  240  watts. 

Q.  You  have  made  these  tests 
upon  the  streets  of  Colorado  Springs 
and  in  your  laboratory  at  Purdue, 
and  you  have  represented  the  City's 
interest  in   making  these? 

A.    I  have. 

Q.     You    were    in    the    employ    of 
the   City? 
A.     Yes. 

Q.  At  the  time  these  tests  were 
made,  you  were  running  the  watt- 
meter,   were   you   not? 

A.  I  read  the  wattmeter  originally 
and  other  instruments  at  different 
times  and  kept  general  survey  upon 
the  method  of  making  the  tests. 

Q.  Who  was  present  at  the  time 
you  took  these  photometric  tests  on 
these  two  lamps  in  your  laboratory? 

A.  Well,  besides  myself,  there 
xiiere  Professor  Shedd,  Professor 
Armstrong,  and  two  of  my  own  as- 
sistants. 

Q.  Now  explain  fully  what  you 
did  from  the  time  you  started  upon 
the   tests? 

A.  On  receipt  of  the  lamps  I 
had  them  unpacked  and  put  in  a 
safe  place  in  the  photometric  lab- 
oratory; after  these  gentlemen  from 
the  West  had  come,  I  had  the  lamps 
put  in  working  order.  It  is  a  very 
slight  job.  because  nothing  had  been 
done  to  them  to  injure  their  oper- 
ating features  in  any  zcay;  then  they 
were  hung  up  in  the  usual  place  in 
my  arc  light  photometer,  and  the 
candle-power  distribution  obtained  in 
the  usual  manner,  zvhich  I  have  pub- 
lished   time   and    time   again.      You 


don't  wish  me  to  go  into  the  details 
of  the  photometer,  do  you? 

Statement  by   Mr.   Schuyler. 

Now,  I  would  like  to  have  Mr. 
Ryan  ask  you  a  few  questions;  he 
is   an   electrical   engineer. 

Mr.  Robinson :  We  shall  object 
to  experts  being  permitted  to  exam- 
ine. In  the  first  place,  it  is  unheard 
of  in  any  court  procedure;  while 
this  is  not  strictly  court  procedure, 
we  are  nevertheless  proceeding  along 
these  lines ;  in  the  next  place,  per- 
haps the  most  substantial  reason  is, 
it  seems  to  me,  it  gives  to  the  ex- 
perts on  behalf  of  the  defendant  an 
undue  advantage  by  permitting  them 
to  lay  a  foundation  basis  for  their 
own  testimony  when  that  comes.  A 
further  reason  is,  that  I  think  it  is 
unfair  to  the  expert  witnesses  them- 
selves to  be  placed  in  that  position; 
and  it  will,  in  my  judgment,  inev- 
itably lead,  unless  controlled  by  the 
Board,  to  controversies  between  the 
experts,  possibly  not  between  Mr. 
Matthews  and  Mr.  Ryan,  but  there 
are  others  coming  along  the  same 
line. 

Thereupon  the  Board  ruled  that 
Mr.  Ryan  might  ask  questions  of 
the  witness  in  order  to  expedite  mat- 
ters. 

Counsel  for  the  City  then  made 
the  further  objection  that  if  Mr. 
Ryan  acted  as  attorney  they  would 
then  object  to  his  being  sworn  as  a 
witness. 

Counsel  for  defendant  then  stated 
that  Mr.  Ryan,  who  was  going  to 
ask  the  questions,  felt  that  since 
counsel  for  the  City  objected  to  his 
participation,  that  he  didn't  care  to, 
and  therefore  the  request  was  with- 
drawn. 


140 


CROSS-BXAMINA  T  ION— MA  TTHEWS. 


Cross-examination  resumed  by 
Mr.  Schuyler. 

Q.  Well,  tell  us  the  details  of  that 
photometric   test? 

A.  The  arc  lamp  we  tested  was 
hung  up  in  the  proper  place  in  the 
photometric  room,  equipped  with  car- 
bons, globes  and  shades,  etc.,  which 
belonged  to  it. 

Q.  What  kind  of  a  photometer 
was   it  ? 

A.  The  photometer  used  was  a 
Lummer-Brodhun. 

Q.     How  many  tests  did  you  make 
altogether? 
A.    Five. 

Q.  How  many  readings  at  each 
point  for  each  lamp? 

A.  I  have  an  automatic  device 
for  recording  those  readings,  of 
which  I  have  the  record  here.  If 
there  seems  to  he  in  any  particular 
measurement  a  considerable  varia- 
tion, we  naturally  take  more  read- 
ings. 

Q.  Did  you  pay  any  particular  at- 
tention to  the  position  of  the  arc 
at  the  time  the  readings  were  taken? 

A.  I  never  do  that.  My  method 
makes  that  unnecessary;  I  use  a 
double  mirror  on  each  side  of  the 
arc. 

Q.  Taking,  now,  Exhibit  No.  32, 
explain  to  the  Board  why  it  is  curve 
A  swells  out  so  much? 

A.  Curve  A  szvells  out  toward 
the  horizontal  because  the  carbon 
happened  to  be  such  that  the  crater 
formation  xuas  very  indistinct  and 
the  arc  wandered  more  than  it  would 
where  there  is  a  very  marked  crater 
formation.  Wherever  you  get  that 
feature,  you  always  get  horizontal 
readings  strengthened.     J  am  aware 


that  is,  to  some  degree,  unusual. 
Sometimes  different  car  eels  of  the 
same  brand  of  carbon  do  not  follow 
the  same  contour.  That  is  due  to 
the  difference  in  quality  and  the 
method  of  burning  the  carbons  them- 
selves. 

Q.  Did  you,  in  arriving  at  this, 
take  the  average  of  both  sides  or 
only    of    one    side? 

A.  I  used  two  mirrors,  one  on 
each  side,  which  automatically  gave 
me  the  average  of  both  sides  of  the 
arc. 

Q.  What  was  the  voltage  of  the 
lamp   at   that  instant? 

A.  Well,  this  test,  of  course,  ex- 
tended over  some  little  time,  and  the 
arc  was  maintained  very  closely.  By 
the  way,  I  never  undertake  any  open 
arc  work  except  with  a  hand  lamp. 

Q.  Was  the  condition  the  same  on 
the  enclosed  arc? 

.4.  No,  you  can't  say  that  very 
well. 

Q.  What  were  the  conditions  in 
making  the  photometric  tests  of  the 
enclosed  arc? 

A.  We  hung  the  lamps  up  as  I 
stated,  brought  them  to  the  operating 
condition  at  which  we  wished  to  make 
the  tests,  put  the  brown  paper  on  the 
recording  drum,  then  while  a  certain 
observer  kept  the  power,  voltage  and 
current  readings,  the  other  observer 
made  photometric  settings.  When- 
ever the  latter  gets  a  setting  he 
presses  the  button,  that  is  all  there 
is  to  it.  Suppose  we  start  out  with 
horizontal  mirrors  which  will  here- 
after be  designated  as  the  right  and 
left  mirrors.  Now,  the  light  from 
the  arc  passes  by  way  of  the  mirrors 
to  a  photometric  screen,  where  it  is 
balanced  against  the  light  from  some 


CROSS-EX  AMIX  A  T  ION— MA  TTHEWS 


141 


other  source  of  light  known  as  the 
working  standard.  When  a  number 
of  readings  have  been  taken  in  a 
horizontal  direction,  these  two  mir- 
rors are  covered  and  the  two  mir- 
rors next  lozver  in  the  ring  are  un- 
covered. Th  is  p  ro  cess  is  rep  ea  ted  u  n  til 
the  entire  distribution  curve,  such  as 
shown  as  this  Exhibit  No.  32,  has 
been  obtained.  The  readings  thus  far 
indicate  only  the  relative  candle- 
power  in  the  different  directions.  The 
arc  lamp  is  now  removed  and  a  stan- 
dardized incandescent  lamp  put  in  its 
place.  A  second  set  of  readings 
is  taken  on  one  of  the  sets  of  mir- 
rors. With  these  two  sets  of  read- 
ings it  is  possible  to  figure  the  caudle- 
power  of  the  arc  without  determin- 
ing such  troublesome  factors  as  the 
reflection  and  co-efficient  of  the  mir- 
rors themselves  or  any  other  errors 
in  the  apparatus. 

Q.  Looking  at  Exhibit  Xo.  32,  T 
understood  you  to  say  you  had  main- 
tained this  by  hand  feeding  at  the 
maximum  of  the  arc. 

A.  I  don't  understand  what  you 
mean  by  maximum. 

Q.  Probably  I  haven't  the  right 
word;  j-ou  maintained  it  by  hand 
feeding,  what  do  jou  mean? 

A.    It  is  a  hand-fed  arc. 

Q.  As  a  general  statement,  under 
normal  conditions,  with  a  lamp 
allowed  to  feed  up  and  down,  how 
far  down  would  it  go? 

A.  As  a  matter  of  fact,  the  lamp 
which  I  made  that  curve  on  was 
not  an  automatic  feed  lamp  at  all; 
it  was  a  special  lamp  I  use  for  deter- 
mining open   arc  candle-poxi-er. 

Q.  What  would  an  ordinary  9.6 
ampere  lamp  do  under  normal  con- 
ditions of   feeding? 


A.  Just  about  what  that  curve 
shows. 

Q.  Doesn't  such  a  lamp  go  down 
to  hissing  point  and  then  rise  up? 

A.  Yes,  sir,  but  in  that  connec- 
tion a  hissing  arc,  whether  hand  fed 
or  automatic  fed,  is  not  a  normal  arc; 
if  you  are  determining  the  candle- 
power  of  such  an  arc  you  should 
never  make  any  reading  when  it 
hisses.  In  making  such  a  curve  I 
usually  hand  feed  the  lamp  because 
it  is  so  much  easier  to  maintain  con- 
ditions constant,  450  watts  in  the  arc, 
gYz  amperes  and  47  volts. 

Q.    What  kind  of  carbons  do  you 
use? 
A.    I  use  the  Columbia  carbons. 

Q.  But  an  ordinary  9^  ampere 
light  sometimes  goes  below  the  hiss- 
ing point? 

A.     Yes,  sir. 

Q.  Isn't  that  one  reason  why  the 
enclosed  lamp,  6.6  is  superior? 

A.  I  don't  think  it  has  much 
weight  in    that  respect. 

Q.  Now,  Professor,  you  have 
stated  that  these  tests  which  you 
made  upon  these  two  lamps  furnish 
a  fair  basis  for  all  lamps  of  the 
city,  did  you  not?    Is  that  correct? 

A.  I  don't  remember  whether  I 
said  that  or  not. 

Q.     If  you  did,  is  it  true? 

A.  I  think  it  is  true.  Because  we 
took  one  of  these  6.6  ampere  lamps 
and  tested  it  at  various  powers  and 
adjustments.  At  each  definite  watt- 
age zve  determined  its  candle-power, 
and  then  wc  plotted  a  curve  with 
candle-pozvcr  as  ordinates  and  watts 
as  abscissae.     This  curve  comes  out 


142 


CROSS-EX  AMIN  A  TI  ON— MATTHEWS. 


practically  a  straight  line,  as  Exhibit 
No.  29  shows.  From  this  plot  it  is 
possible,  thereafter,  to  determine  the 
candle-power  of  any  lamp  of  this 
type,  operating  under  any  wattage 
contained  within  the  limits  of  these 
tests.  I  consider  that  method  is 
thoroughly  scientific  and  reliable. 

Q.  I  will  ask  you  to  look  at  papers 
marked  Exhibit  No.  28  and  Exhibit 
No.  29  and  upon  the  latter  we  find 
the  mean  hemispherical  candle-power 
is  a  straight  line,  but  when  we  come 
to  Exhibit  No.  28,  which  shows  the 
maximum  candle-power,  we  find  a 
droop  in  it;  what  is  the  explanation? 

A.  A  change  in  the  shape  of  the 
distribution  curve  causes  that.  It 
is  ivell  knozvH  as  you  change  the 
poiver  expended  in  an  arc,  by  chang- 
ing the  electrical  quantities  or  shape 
of  the  distribution  curve,  the  candle- 
power  will  change,  change  through 
very  wide  limits. 

Q.  Take  Exhibit  No.  28 ;  why  does 
the  curve  droop  down  at  the  max- 
imum? 

A.  Well,  I  should  want  to  take 
a  little  time  to  consider  the  theoret- 
ical reason  for  that. 

Q.  Now,  with  reference  to  your 
tests  upon  these  lights  that  they  may 
be  taken  as  a  basis  of  the  balance 
of  the  lights  in  the  city,  I  will  ask 
you  if  you  know  of  any  fairer  way 
of  getting  at  all  the  lights  of  the 
city  at  that  time? 

A.  I  don't  know  of  any  fairer 
way  of  doing  it  within  that  time. 

Q.  Is  there  any  fairer  practical 
way? 

A.  Nothing  more  than  to  take 
more  lamps  in  the  way  these  were 
tested. 


Q.  Wouldn't  it  be  fairer  to  have 
taken  all  the  lamps  in  the  city  and 
ascertained  the  condition  of  each? 

A.    It  would. 

Q.  Isn't  it  also  a  fact,  that  it  is  a 
better  way  than  the  method  you  took, 
to  ascertain  from  the  wattmeter  at 
the  plant  the  entire  number  of  watts 
consumed,  and  divide  the  number  of 
hours  and  the  lamps  in  service  into 
the  entire  watt  consumption,  and 
thus  accurately  show  the  average  ter- 
minal energy? 

A.  That  is  a  tvay  to  do  it,  yes, 
sir. 

Q.  You  think  that  would  be  a 
fair  way  to  do  it,  do  you  not? 

A.  It  is  a  fair  zvay.  There  would 
be  some  serious  trouble  in  determin- 
ing what  such  variable  losses,  as 
losses  of  the  transformer,  etc.,  would 
be;  it  would  be  a  fair  method,  but 
not  a  very  easy  one  I  should  say. 

Q.  But,  knowing  the  efficiency  of 
the  apparatus,  isn't  that,  for  practical 
purposes,  a  fair  way  for  making 
measurements  ? 

A.     Yes. 

Q.  It's  the  average  consumption 
that  you  use  to  determine  the  candle- 
power  when  you  made  this  curve, 
isn't  it? 

A.  Oh,  no;  we  determine  the 
candle-power  of  the  lamps  separately 
zvith  a  given  watt  consumption. 

Q.  But  you  take  the  watt  con- 
sumption which  you  use  as  a  basis, 
plotting  the  curve,  using  that  as  an 
jirbitcr,  you  apply  it  to  other  lamps? 

A.  Yes,  to  determine  their  candle- 
power. 

Q.    Different  lamps  upon  the  same 


CROSS-EXAMINATION— MATTHEWS. 


143 


circuit  may  have  a  difference  in  the 
consumption  of  watts;  there  is  quite 
a  fluctuation? 
A.     Yes,  sir. 

Q.  And  the  particular  lamps  you 
took  for  the  purpose  of  your  test 
may  have  been  in  a  low  condition  by 
reason   of   adjustment? 

A.  Why,  they  evidently  were;  a 
241-watt  lamp  is  in  bad  condition. 

Q.  Is  three  per  cent  of  the  total 
number  of  lamps  in  a  circuit  a  fair 
comparison  ? 

A.  In  my  judgment,  it  is,  of  a 
good  type  of  lamp. 

Q.  But  you  didn't  make  an  ex- 
amination of  the  other  lamps  to  find 
out  whether  their  adjustment  was 
up  to  the  standard  and  were  produc- 
ing  the   results   called    for? 

A.  I  examined,  to  see  if  they  were 
all  of  the  same  type,  hozvever. 

Q.  What  was  the  matter  with  this 
particular  lamp  you  took  to  Purdue 
that  produced  only  241  watts?  Was 
it  a  sticky  dash  pot  or  had  the  weight 
moved  ? 

A.  Well,  I  don't  know,  except  it 
was  giving  about  as  much  light  as 
a  32  candle-power  incandescent  light: 
you  could  look  at  it  without  any  dis- 
comfort at  all.  I  called  attention  to 
that  fact,  "there  is  a  lamp  that  is 
just  barely  going,  that  is  all." 

Q.  Now,  you  took  one  lamp  that 
was  below  the  average  and  the  other 
above  ? 

A.     Yes,   sir,   purposely   so. 

Q.  Do  you  consider  it  fair  to 
attribute  to  half  the  lamps  in  the 
city  a  240-watt  consumption? 

A.    That  is  not  what  we  did. 


Q.  Did  you  keep  the  current  con- 
stant with  variable  voltage  in  the. 
laboratory  tests? 

A.  We  attempted  to  keep  to  the 
conditions  of  service,  as  nearly  as 
possible,  ivhich  would  be  a  constant 
current. 

Q.  Well,  did  you  make  any  in- 
quiry of  the  Colorado  Springs  Elec- 
tric Co.  for  information  with  refer- 
ence as  to  the  watt  consumption  as 
shown  by  the  wattmeter? 

A.    No,  sir. 

Q.     You  didn't  make  any  effort  to 
go  over  the  entire  lights? 
A.     iVo,  sir. 

Q.  Both  of  which  methods  you 
testified  would  be  a  fair  basis  for 
ascertaining  the  conditions  of  the 
lighting  system? 

A.  Well,  understand,  I  zvouldn't 
have  undertaken  the  method  which 
you  have  brought  out  without  bring- 
ing my  own  instrument  to  make  sta- 
tion measurements. 

Q.  That  is,  you  would  want  to 
put  your  wattmeter  against  the  sta- 
tion's? 

A.  Yes,  such  a  test  would  involve 
a  month's  time. 

Q.  Well,  if  it  would  take  a 
month's  time  to  make  a  fair  test  of 
a  plant,  how  could  you  say  an  equally 
fair  test  is  made  by  a  couple  of  half 
days'  work  in  your  laboratory  and 
a  couple  of  half  days'  work  out  on 
the  street? 

A.  Because  that  is  a  different  way 
in  zi'hich  you  do  it;  tzvo  things  can 
be  equally  fair,  and  one  can  take  a 
lot  more  time  than  the  other. 

Q.  Can  you  explain  how  the 
curve,  being  mainly  a  straight  line  on 


144 


CROSS-EX  AMIN  A  T I  ON— MA  TTHBWS. 


Exhibit  No.  28,  then  makes  a  curve 
as   it  approaches   the  maximum? 

A.  Well,  I  have  been  thinking 
about  that  since  your  previous  ques- 
tion on  this  matter.  If  you  begin 
with  a  low  wattage  in  the  arc,  as 
you  increase  the  wattage  you  get  a 
longer  arc,  and  the  light  has  some 
chance  to  get  out;  and  so  the  mean 
hemispherical  candle-power  in- 
creases; but  presently  you  reach  a 
point  where  you  get  the  carbons  sep- 
arated, and  the  instant  at  which  the 
crater  begins  to  cool  a  little  and  the 
arc  changes  between  the  carbon 
points,  the  light  of  the  crater  is  ab- 
sorbed, so  you  get  a  diminution  in 
the  maximum;  after  a  while  if  you 
go  on  getting  a  still  further  length 
of  the  arc,  you  will  presently  reach 
a  stage  where  the  total  light,  the 
mean  hemispherical,  will  fall  off. 
There  was  at  one  time  a  220-volt 
alternating  arc,  which  gave  very  poor 
satisfaction  to  the  public  because  the 
arc  was  so  long,  as  somebody  said, 
it  was  like  a  "blue  streak  in  a  bottle." 

Q.  Why  doesn't  this  curve  show 
in  your  mean  hemispherical  sheet, 
Exhibit   No.   29? 

A.  I  think  you  would  find  a  little 
further  continuation  of  this  test 
would  make  that  curve  change  also. 

Q.  Then,  these  are  not  consecu- 
tive curves? 

A.  They  are  only  partially;  they 
are  segments;  they  are  only  through 
a  very  limited  range  of  observation; 
they  are  consecutive  as  far  as  they 
go. 

Q.  How  helpful  is  visual,  casual 
observation  of  lights? 

A.  I  don't  lay  any  great  amount 
of   stress   upon    that,   except   zvhere 


the  difference  in  the  brightness  of  the 
source   is  considerable. 

Q.  How  much  diflference  would 
you   be   able   to   detect? 

A.  I  don't  know,  because  there  are 
so  many  other  various  conditions,  so 
many  physiological  facts  wrapt  up 
in  it. 

Q.  Can  you  tell  whether  a  6.7  am- 
pere arc,  by  looking  at  it  as  you  pass 
down  the  street,  is  taking  6.7  am- 
peres? 

A.  No,  I  don't  think  I  can;  you 
have  to  have  them  in  juxtaposition. 
The  eye  has  no  memory,  no  retentive 
power. 

Q.  You  don't  mean  by  curve 
marked  "A"  on  Exhibit  No.  32,  that 
if  this  light  were  in  use  on  the  streets 
of  this  city  that  this  would  be  an 
average   or   constant   curve? 

A.  No,  sir,  because  the  distribu- 
tion curve  shrinks  on  one  side  and 
grows  on  the  other;  that  represents 
the  average  performance  of  a  gyi 
ampere  lamp. 

Q.  Under  ordinary  operating  con- 
ditions, with  a  9J/^  ampere  light, 
would  this  be  the  condition  we  find 
on   both   sides   of   that   arc? 

A.  Yes,  that  represents  the  aver- 
age candle-power  on  both  sides. 

Q.  How  much  lower  than  this 
does  it  go? 

A.  I  don't  know;  it  is  very  hard 
to  test  a  lamp  under  any  particular 
condition  of  feeding,  because  obvi- 
ously, it  is  suddenly  changing  through 
the  inherent  regulation  of  the  lamp 
itself. 

Q.  You  don't  mean  to  give  the 
broad  idea  that  this  curve  represents 
what  the  average  light  would  be  do- 


RE-DIRECT,    RE-CROSS-EX AMIN A TION—MA TTHEWS. 


145 


ing   right    straight   along   in   picking 
up  and  feeding  up? 

A.  Perhaps  not,  because  the  mat- 
ter of  feeding  is  eliminated  from  that 
airve. 

Re-direct  Examination  by  Mr. 
Robinson. 

Q.  In  speaking  a  few  moments 
ago  of  the  method  of  examining 
lamps  and  testing  their  light-giving 
power  by  going  to  the  station  and 
measuring  the  current  there,  would 
you  in  that  way  take  into  consid- 
eration the  variations  that  should  be 
expected  to  be  found  in  the  lamps 
or  in  extra  losses   from  grounds? 

A.  No^  there  zvould  be  variations 
due  to  these  quantities  which  would 
not  be  accounted  for. 

Q.  Wouldn't  these  losses  be  suf- 
ficient to  make  that  method  uncer- 
tain as  to  determining  the  light  fur- 
nished by  the  lamp? 

A.  I  think  it  might  be.  I  am 
frank  to  say  I  never  made  any  tests 
on  that  basis.  There  are  variable 
losses,  extremely  variable  with 
weather  conditions. 

Q.  When  you  were  measuring 
current  at  the  station  you  could  not 
tell  what  various  losses  were  occur- 
ring along  the  line? 

A.  Correct:  you  would  not  know 
what  to  charge  them  to,  whether  to 
loss  or  to  consumption  in  the  cir- 
cuit. 


Q.  Assume  that  there  were  some 
controversy  between  a  company  fur- 
nishing the  light  and  the  city  that 
was  paying  for  it,  as  to  the  quantity 
that  was  being  received.  If  the  com- 
pany were  informed  in  advance  when 
tests  were  to  be  made,  would  it  not 
be  a  very  easy  matter  for  it  to  in- 
crease  the   power? 

A.    It  would. 

Re-cross  Examination  by  Mr. 
Schuyler. 

Q.  The  wattmeter  would  tell  the 
story? 

A.  The  wattmeter  would  indicate 
the  energy  delivered,  part  of  which 
would  go  into  the  lamps  and  part 
into  other  various  losses,  some  of 
which  are  extremely  variable. 

Q.  Which  could  be  deducted  from 
the  wattmeter  measurements? 

A.  It  zvould  be  pretty  hard  to  de- 
duct some  of  the  losses. 

Q.    Which  ones,  for  example? 
A.    Leakage. 

Q.  Suppose  you  tested  for  leakage 
every  so  often? 

A.  That  would  tend  to  minimise 
the   trouble. 

Q.     Bring  it  to  a  very  low  mini- 
mum, wouldn't  it? 
A.     Yes,  possibly  so. 

Witness    excused. 
Board  adjourned. 


146 


LECTUKH—SHEDD. 


THE  BOARD  MET,  PURSUANT  TO  ADJOURNMENT.  AT  8  P.  M.. 
FEBRUARY  2,  1907,  IN  THE  PHYSICS  LECTURE 

ROOM  OF  COLORADO  COLLEGE. 


Professor  J.  C.  Shedd  gave  an 
illustrated  lecture  and  was  infor- 
mally questioned  by  Mr.  Robinson, 
and  cross-examined  by  Mr.  Holland, 
in  place  of  Mr.  Schuyler,  who  was 
unavoidably  absent. 

Professor  Shedd  illustrated,  by 
means  of  a  lantern,  the  character- 
istics of  the  direct  current  arc,  pro- 
jecting upon  a  screen  the  image  of 
the  arc  itself  and  clearly  bringing 
out: 

A — The  positive  carbon  and  its 
crater  of  high  luminosity. 

B — The  negative  carbon  and  its 
lower  luminosity. 

C — The  increase  and  decrease  of 
luminosity  of  the  positive  and  neg- 
ative carbons,  respectively,  when  the 
current  is  reversed. 

D — The  shape  of  the  positive  and 
negative  carbons. 

Of  particular  interest  was  the  ap- 
plication of  Talbot's  Law  to  the 
alternating  arc,  explained  as  follows : 

It  is,  of  course,  apparent  that  the 
alternating  arc  is  extinguished  each 
time  the  current  passes  through  the 
zero  value,  and  such  light  as  the 
lamp  then  emits  must  come  from 
the  heated  carbon  tips.  It  is  also 
apparent  that  the  current  docs  not 
have  a  steady  value  during  its  period 
of  flow  in  each  half  cycle,  so  that 
there  must  first  be  a  rising  temper- 
ature and  then  a  falling  temperature 
at  the  carbon  tips.  During  a  com- 
plete cycle  this  temperature  wave 
would  reach  its  maximum,  for  a 
given  tip,  when   that  tip  is  positive, 


fall  to  the  first  minimum  as  the  cur- 
rent passes  through  zero,  rise  to  a 
low  maximum  with  the  reverse  cur- 
rent, when  the  tip  is  negative,  and 
fall  to  a  second  and  lower  minimum 
■when  the  current  again  passes 
through  zero. 

It  is  probable  that,  for  the  small 
area  of  the  crater,  the  highest  max- 
imum reaches  the  temperature  of 
molten  carbon,  and  that  in  the  fluctu- 
ations of  temperature  lie  explanation 
of  the  restricted  area  of  the  crater 
in  the  alternating  current  arc.  The 
second  maximum  does  not  presum- 
ably reach  much,  if  any,  above  the 
temperature  of  the  incandescent 
lamp  filament. 

An  added  effect  in  prolonging  the 
time  of  cooling  results  from  the  fact 
that  the  current  upon  falling  to  zero 
does  not  immediately  begin  to  rise, 
but  remains  at  zero  until  the  E.  M. 
P,  reaches  a  value  sufficient  to  make 
the  current  jump  the  air-gap.  This 
effect  must  depress  both  of  the  min- 
ima to  a  point  that  they  would  not 
otherwise  reach. 

It  is  thus  seen  that  the  A.  C.  arc 
is  extinguished  for  an  appreciable 
fraction  of  each  cycle  and  that  the 
light  receix'cd  from  it  is  of  an  in- 
termittent character.  Experiment 
also  shozvs  that  the  fall  of  temper- 
ature of  the  carbon  tips  is  sufficient 
to  cause  the  light  from  them  to  be 
intermittent  also.  This  can  be  shown 
and  measured  in  a  very  simple  man- 
ner by  taking  a  photograph  of  the 
arc  in  a   moving  camera.     Vor  this 


LECTURB—SHBDD 


147 


("urposc  it  is  sufficient  to  rapidly 
move  the  camera  up  and  doum,  or 
from  side  to  side,  pointing  it  the 
while  at  a  street  lamp  fifty  or  more 
feet  distant.  In  doing  this  it  is  best 
to  select  a  lamp  that  has  been  newly 
trimmed  and  zvhich  has  a  clear  inner 
globe,  in  order  to  get  a  sharp  image 
of  the  arc.  The  trace  obtained  from 
an  alternating  current  6.6  ampere 
lamp  on  the  streets  of  this  city  is 
shozvn  in  Exhibit  No.  45.  Of  course, 
a  direct  current  arc  would  give  a 
continuous  instead  of  a  dotted  line. 
On  measuring  this  dotted  line,  on  a 
photographic  plate  with  a  microm- 
eter microscope  of  low  poxvcr,  the 
ratio  of  light  to  dark  spaces  is  found 
fo  be  about  70  to  30.  Each  light 
space  is  perceptibly  intensified  near 
the  middle,  the  maximum  point  being 
nearer  the  front  end.  This  zvould 
mean  that  the  maximum  temperature 
is  reached  a  little  in  advance  of  the 
middle  of  the  light  period. 

In  applying  Talbot's  law,  the  ratio 
of  70  to  30  xvas  taken.  This  assumes 
that  the  intensity  of  the  light  during 
the  light  period  remains  fixed  at  its 
maximum  value,  which  would  be  ap- 
proximately that  of  the  direct  cur- 
tent  arc.  This  conclusion  was 
t cached  by  measuring  the  length  of 
the  light  spaces  and  making  a  small 
cilozvance  for  the  tapering  ends. 
The  value  reached,  if  in  error,  is,  I 
think,  one  favorable  to  the  A.  C.  arc. 

It  now  becomes  possible  to  illus- 
trate by  means  of  the  lantern  the 
foregoing  effect.  To  do  this  a  disk 
zvas  cut  from  pasteboard,  as  shown 
in  Exhibit  No.  42,  having  four  teeth 
27  degrees  in  width.  The  four  thus 
cozier  30  per  cent,  of  the  circumfer- 
ence.    This  disk,  placed  in  the  focal 


plane  of  the  lantern,  shows,  as  in 
Exhibit  A^o.  44.  Part  of  the  field  is 
here  seen  to  be  illuminated  by  the 
full  light  of  the  lantern  (using  a  D. 
C.  arc)  and  part  of  the  field  is 
shadowed  by  the  toothed  wheel.  If 
the  lantern  is  properly  focused  and 
the  disk  is  made  to  rotate  rapidly, 
the  effect  shown  in  Exhibit  No.  43 
is  obtained.  The  cutting  dozen  of 
the  illumination  by  the  presence  of 
the  teeth  is  strikingly  shown. 

The  phenomenon  here  discussed 
IS  but  one  of  the  several  that  make 
the  alternating  current  arc  the  less 
intense  source  of  light  than  the 
direct  current  arc  consuming  the 
same  energy,  but  it  is  apparent  that 
this  effect  is  responsible  for  a  con- 
siderable part  of  the  total. 

For  the  sake  of  completeness, 
Talbot's  lazo  as  given  by  Helmholts 
may  be  quoted  here.  "If  any  part 
of  the  retina  is  excited  with  inter- 
mittent light  recurring  periodically 
and  regularly  in  the  same  way,  and 
if  the  period  is  sufficiently  short,  a 
continuous  impression  will  result, 
which  is  the  same  as  that  which 
zvould  result  if  the  total  light  re- 
ceived during  each  period  were  uni- 
formly distributed  throughout  the 
zcholc  period." 

The  lights  on  the  streets  of  this 
city  may  be  said  to  give  between  25 
and  30  per  cent,  of  the  candle-power 
given  by  the  old  open  arc  lights. 
Whether  this  be  estimated  from  the 
maximum  candle-power  of  each 
lamp  or  allowance  be  made  for  the 
light  throzun  in  all  directions,  the 
open  arc  lamp  furnishes  far  more 
light  than  those  nozv  in  use. 

Board  adjourned. 


148 


DIRECT   EXAMINATION— MARKS. 


THE  BOARD  MET,  PURSUANT  TO  ADJOURNMENT, 
AT  9.30  A.  M.,  FEBRUARY  4,  1907. 


Mr.  LOUIS  B.  MARKS,  being 
first  duly  sworn  on  behalf  of  the  city, 
testified  as  follows,  to  wit: 

Examination  by  Mr.  Robinson. 

Q.  Mr.  Marks,  have  you  read  sec- 
tion 9  of  an  Ordinance  of  this  City 
of  September  8th,  1898,  referred  to  in 
this  suit  as   the  Jackson   Franchise? 

A.    I  have. 

Q.  I  call  your  attention  to  that 
phrase,  "Such  arc  lights  of  standard 
2000  candle-power  each,"  found  in 
section  9  of  the  Ordinance  of  Sep- 
tember 8th,  1898.  In  the  absence  of 
any  agreement  or  understanding  be- 
tween the  parties  to  said  Ordinance 
at  the  time  of  its  passage,  what,  in 
your  opinion,  is  the  meaning  of  that 
phrase? 

A.  It  siiiiply  means  the  open 
type  arc  lamp  such  as  was  used  at 
the  time  the  Ordinance  was  passed, 
namely,  the  well  known  direct  cur- 
rent, 9.6  to  10  ampere  constant  cur- 
rent open  arc  lamp  consuming  from 
45  to  47  volts  or  thereabouts  at  the 
arc  on  an  average,  or  practically  450 
watts  at  the  arc. 

Q.  Why  would  you  say  that,  in 
the  absence  of  any  agreement  or  un- 
derstanding to  the  contrary,  that 
phrase  meant  the  light  from  the  lamp 
you  described  and  operated  as  you 
have  described? 

A.  Because  that  was  the  only 
lamp  that  was  used  at  the  time,  gen- 
erally speaking;  the  only  open  arc 
lamp  in  general  use. 

Q.  If  the  phrase  has  that  mean- 
ing,  then  how   would  you  say  that 


that  lamp  should  be  operated,  I  mean 
as  to  its  adjustment,  etc.,  to  give  the 
light  which  is  called  for  by  that 
phrase  ? 

A.  A  good  carbon  must  be  used 
and  the  lamp  must  be  kept  in  good 
adjustment.  I  should  say  that  a  fair 
figure  for  the  range  of  potential  at 
the  arc  in  open  arc  lamps  of  this 
type  properly  adjusted  and  main- 
tained in  good  condition,  would  be 
from  about  say  45  or  46  to  50  or  52 
volts  at  the  arc.  Occasionally  a  lamp 
zuill  overfeed  and  drop  below  the 
lower  limit  of  voltage  I  have  stated. 
In  that  case  the  voltage  drops  below 
say  43  volts  and  you  have  what  is 
known  as  a  hissing  arc. 

Q.  What  I  meant  was  whether  or 
not,  under  that  phrase  and  your  defi- 
nition of  it  and  tliose  conditions,  the 
lamp  described  should  be  so  adjusted 
as  not  to  hiss  or  flame? 

A.     Yes,  as  nearly  as  possible. 

Q.  Please  explain  to  the  Board 
whether  or  not,  and  if  so,  how  and 
why,  the  direct  current  open  arc  lamp 
gives  more  light  than  an  alternating 
enclosed  arc  lamp  such  as  in  use  on 
the  streets  here,  when  it  is  consum- 
ing practically  the  same  number  of 
watts  at  the  arc? 

A.  I  might  preface  my  answer 
with  the  statement  that  watts  at  the 
arc  are  not  a  measure  of  light  pro- 
duced by  any  manner  of  means.  The 
fact  that  one  arc  lamp  consumes  450 
watts  does  not  mean  that  the  lamp  is 
capable  of  giving  as  much  light  as 
another  lamp  consuming  the  same 
power  at  the  arc.    I  think  that  will 


DIRECT   EXAMINATION— MARKS. 


149 


appear   very    clearly    from    the    ac- 
cepted candle  power  measurements  of 
the  open  arc  as  commonly   used  in 
1898  for  example  and  as  used  to-day 
for  that  matter,  and  the  enclosed  6.6 
ampere  constant   current   alternating 
series  arc  such  as  is  used  on  the  city's 
streets.    The  maximum  candle-power 
of  the  so-called  2000  C.  P.  open  arc  I 
have  found   by   numerous   measure- 
ments to  run  up  to  about  1400  candle 
power  or  even  more;   but  in  some 
cases  it  is  considerably  less  than  that, 
say  1 100  or  1200  candle-power  when 
the  arc  is  operated  under  good  con- 
ditions.    So   that   1200  candle-power 
or  thereabouts  would  be  a  safe  fig- 
ure, perhaps   a   low  figure  for   the 
maximum  candle-power  of  the  open 
ore.    Now   the    mean     hemispherical 
candle-power  of  the  open  arc,  that  is 
to  say,   the   candle-power  below   the 
horisontal  plane  passing  through  the 
arc,  amounts  to  roughly  from  600  to 
700  candle-power.     I  believe  Profes- 
sor Matthews  puts  it  at  700  or  over, 
but  quite  a  number  of  my  own  meas- 
urements shozv  results  as  low  as  600. 
The   maximum   candle-power   of  the 
6.6  ampere  A.  C.  series  enclosed  arc 
ivill  probably   not  exceed  about  400 
is  contrasted  zvith  1200  of  the  stand- 
ard open  arc.     The  mean  hemispheri- 
cal candle-power  of  the  enclosed  arc 
of  the  type  referred  to  will  be  ap- 
proximately  300   as   contrasted   with 
600    to    700    of   the   open    arc   lamp. 
Nozv.   these   measurements  zcill  give 
us  some  indication   of  the  compara- 
tive   candle-power    value    of      the 
lamps,  and  if  the  distribution  of  can- 
dle-power   of    these    tzvo    types    of 
lamps   is  practically    the   same,   then 
these   measurements   will   give    us   a 
fairly  good  comparative  value  of  the 
illuminating  pozver  of  the  two  types 
of  lamps  for  the  purposes  of  street 


lighting.  From  an  examination  of 
the  curves  of  Professor  Matthews  I 
think  it  is  very  clear  that  the  dis- 
tribution of  candle-power  of  the 
lamps  used  on  the  city's  streets, 
namely,  the  6.6  series  A.  C.  enclosed 
arc  lamp,  is  almost  identical  zvith 
that  of  the  old  open  arc,  commonly 
known  as  the  2000  candle-power 
lamp.  This  similarity  of  distribu- 
tion is  in  some  measure  accounted 
for  by  the  reflector  that  is  used  on 
the  lamps  in  the  city's  streets,  and 
by  the  character  of  the  enclosing 
globes.  So  that  when  you  come 
to  sice  up  the  situation  fairly 
and  squarely,  as  I  see  it,  you  can't 
get  away  from  the  fact  that  the  lamp 
on  the  street  as  now  used  is  not 
giznng  you  quite  half  the  light  that 
the  old  standard  arc  gave  when  it 
Zk'os  properly  operated,  that  is  to  say, 
the  old  open  arc  taking  about  450 
zvatts  at  the  arc. 

In  making  the  comparison  which 
I  have  just  given  it  is  only  fair  to 
.itate  that  in  many  cases,  far  too 
many,  the  old  open  arc,  as  commonly 
used  on  the  streets,  zvas  not  properly 
operated;  m  fact,  if  I  were  to  make 
a  selection  to-day  as  between  the  old 
open  arc  as  I  have  known  it  in  many, 
many  cases  to  be  operated  for  street 
lighting  and  the  enclosed  lamp  now 
used  on  the  streets  of  this  city,  I 
should,  unhesitatingly,  select  the  en- 
closed lamp  in  preference  to  the  old 
open  arc.  But,  if  the  lighting  com- 
pany put  its  hand  into  its  pocket,  and 
kept  its  lamps  right  up  to  the  mark, 
cleaned  them  regularly,  adjusted 
them  regularly  zvhen  required,  used 
only  the  best  carbons  that  could  be 
obtained  for  the  purpose,  and,  in 
fact,  spared  no  pains  to  operate  the 
lamps  under  the  best  conditions,  then 


ISO 


DIRECT   EXAMINATION— MARKS. 


you  luould  get  the  results  upon  which 
I  based  my  original  comparison. 

Q  You  don't  mean  that  extraor- 
dinary care  should  be  taken,  do  you? 

A.  No,  I  don't  mean  extraordinary 
care,  but  I  do  mean  such  care  as 
ivould  in  many  cases  involve  ex- 
penses which  the  lighting  companies 
don't  care  to  go  to. 

Q.  In  that  case  the  old  lamp  was 
more  expensive  to  operate? 

A.  That  is  it  exactly.  A  more  ex- 
pensive instrument  for  the  produc- 
tion of  light. 

Q.  Please  give  to  the  Board  a 
comparison  of  operating  the  two 
types  of  lamps;  by  that  I  mean  to 
keep  them  up  m  the  proper  condition. 
I  am  not  asking  for  any  extraordin- 
ary expense  or  care  in  either  event, 
but  such  as  should  obtain  in  a  prop- 
erly operated  plant  of  either  kind? 

.A.  I  think  perhaps  a  good  way  to 
look  at  that  would  be  to  take  the  sav- 
ing that  has  accrued  to  the  lighting 
companies  by  the  substitution  of  the 
enclosed  arc  for  the  open  arc.  A  fair 
figure  for  the  saving  in  the  cost  of 
carbons  and  trimming  alone,  to  say 
nothing  of  the  saving  in  cost  of 
maintoitnng  the  lamps  so  far  as  the 
mechanism  of  the  lamp  goes,  would 
be  possibly  from  $10.00  to  $15.00  per 
Limp  per  year;  that  is  to  say,  in  a 
system  having  looo  arc  lamps  of  the 
eld  type,  a  saving  of  from  $10,000  to 
i;' 1 5  000  a  year  in  cwbons  and  trim- 
ming alone  could  be  effected  by  sub- 
."titHt.ng  the  enclosed  arc.  That 
doesn't  uiean  the  company  -would  be 
'jivUig  the  same  kind  of  light,  how- 
ever, as  (j'.vcn  by  the  old  arc. 

Q.  Would  it  then  he  that  the  en- 
closed arc  alternating  current,  6.6 
ampere  lamp,  such  as  is  used  on  the 


streets  here,  could  be  operated  for 
about  one-third  of  the  cost  of  the  di- 
rect current  open  arc  lamp? 

A  That  is  rather  difficult  to  say. 
Of  course  the  total  cost  of  operating 
the  arc  lamp  varies  considerably  zvith 
different  conditions,  but  I  7xiOuld  not 
care  to  say,  nor  could  I  give  you  that 
figure  based  upon  the  facts  as  taken 
from  the  lighting  company's  books. 

Q.  No,  I  suppose  one  light  com- 
pany might  stand  more  in  that  way 
than  another,  but  what  I  am  trying 
to  get  at  is  the  proportionate  cost  of 
operating  the  enclosed  A.  C.  lamp 
with  that  of  the  D.  C.  open  lamp? 

A.  In  that  case,  I  should  uiy  your 
figure  ivas  very  lozv;  the  saving 
vjouldn't  be  as  much  as  that.  Let 
us  take  a  case  of  a  city  charging  $100 
per  lamp  per  year.  Now,  in  that  case, 
I  cerlainly  zvould  not  be  prepared  to 
say  that  the  substitution  of  the  en 
closed  arc  for  the  open  arc  would 
save  the  company  one-third  of  the 
operating  expense. 

Q.  I  don't  mean  operating  ex- 
penses, Mr.  Marks ;  that,  I  take  it, 
may  include  their  office  expenses  and 
coal  bills ;  I  am  speaking  of  the  op- 
eration of  the  lamp  itself,  such  ex- 
penses as  you  referred  to  a  few  min- 
utes ago,  trim.ming,  carbon,  mainten- 
ance of  the  lamp  and  the  proper  rea- 
sonable standard  for  light  giving 
properties.  Will  there  be  a  very  sub- 
r.tantial  saving  brought  about?  The 
Alternating  current  enclosed  lamp  is 
a  cheaper  lamp  to  install,  is  it  not? 

A.  If  you  take  into  consideration 
the  character  of  the  city  in  which  the 
lights  are  tf^  be  used,  it  may  easily  be 
w,  some  cases  that  the  series  alterna- 
ting constant  current  enclosed  arc 
would  be  about  the  only  lamp  that  a 
lighting  company  zvould  consider  as 


DIRECT   EXAMINATION— MARKS. 


151 


practical  to  install,  because  of  the  ex- 
penses involved  in  the  installation  of 
other  systems. 

Q.  Mr.  Marks,  I  will  ask  you  to 
explain  the  giving  of  light,  the  crea- 
tion of  light,  the  source  of  light  and 
the  light  in  the  open  arc  direct  cur- 
rent lamp? 

A.  By  passing  a  current  of  9  or 
10  ampere  through  a  direct  current 
series  arc  lamp  you  produce  an  arc 
ivhich  will  give  you  practically  the 
candle  poivcr  that  I  have  already 
named.  Most  of  the  candle  power 
produced  by  the  arc  comes  from  the 
upper  or  positive  carbon  in  which  a 
more  or  less  pronounced  crater  is 
formed  by  the  normal  operation  of 
the  lamp.  The  negative  carbon  as- 
sumes a  rather  pointed  formation. 
The  light  produced  is  quite  white  in 
color,  zvhich  is  an  important  feature 
to  be  considered  in  comparing  arc 
lamps  of  different   types. 

Q.  About  what  per  cent  of  the 
light  comes  from  the  carbon  tips 
themselves  ? 

A.  A  very  small  percentage  comes 
from  the  tips;  perhaps  an  eighth  of 
an  inch  above  the  end  of  the  posi- 
tive carbon  and  below  the  end  of  the 
negative,  the  tips  arc  heated  white 
hot   and   do   give   considerable   light 

Q.  Could  you  say  what  percent- 
age of  the  light  conies  from  the  arc 
itself? 

A.  Oh,  very  small  indeed,  prob- 
ably not  over  five  per  cent. 

Q.  Then,  is  it  not  true  that  by  far 
the   larger   part   of   the   light   comes 


from  the  crater  of  the  positive  car- 
bon? 
A.    Yes,  that  is  true. 

Q.  And  in  the  use  of  a  lamp  the 
positive  carbon  is  the  upper? 

A.  Yes,  that  is  the  common  prac- 
tice in  street  arc  lighting. 

Q.  So,  that  the  light  coming  from 
the  carbon  would  naturally  come 
rather  below  or  on  the  lower  hemi- 
spherical  plane  ? 

A.  Yes,  that  is  an  inherent  feature 
of  the  direct  current  open  arc;  the 
crater  acts  as  a  reflector  and  throzvs 
the  light  down  and  out,  ivhich  is  a 
condition  that  you  want  for  street 
lighting  purposes  particularly. 

Q.  I  will  hand  you  a  carbon 
marked  "City's  Exhibit  No.  33,"  and 
one  marked  "City's  Exhibit  No.  34," 
and  ask  if  those  are  samples  of  the 
negative  and  positive  carbons  of  a 
direct  current  open  arc  lamp? 

A.  Well,  they  have  the  same  form 
of  carbon  ends  as  one  would  find  in 
the  open  arc  lamp. 

Q.  Which  of  them  would  you  say, 
I  am  speaking  for  the  benefit  of  the 
record  on  that,  is  the  positive  car- 
bon? 

A.  I  should  say  that  the  shorter 
one  is  the  positive,  the  one  No.  33, 
zcith  a  slight  crater  in  it;  the  other, 
or  longer  one,  is  the  negative  carbon. 

Q.  Please  explain  to  the  Board 
the  distinguishing  feature  of  the  al- 
ternating current  enclosed  arc  lamp ; 
whether  or  not  the  carbons  are  heat- 
ed in  the  same  way  as  in  the  direct 
current  open  arc  lamp? 

A.     The  carbons  in  the  alternating 


152 


DIRECT   EXAMINATION— MARKS. 


current  enclosed  arc  lamp  do  not 
shoiii  the  same  formation  of  points 
as  those  operating  in  the  direct  cur- 
rent open  arc  lamp,  nor  do  they  show 
the  same  character  of  the  heating  of 
the  tips.  In  the  A.  C.  enclosed  arc 
lamp  both  of  the  carbon  points  be- 
come very  highly  heated,  the  upper 
one  more  so  than  the  lower.  In  the 
very  nature  of  things,  the  alterna- 
ting current  arc  has  entirely  different 
characteristics  from  that  of  the  di- 
rect current  arc,  whether  of  the  open 
or  of  the  enclosed  type.  While  the 
light  of  the  direct  current  open  arc  is 
distributed,  for  the  most  part,  in  one 
lobe  below  the  horisontal  plane  pass- 
ing through  the  arc,  the  light  of  the 
alternating  current  arc  is  distributed 
in  two  lobes,  one  half  approximately 
going  below  the  horisontal  plane 
passing  through  the  arc,  and  the 
other  half  going  above  this  plane; 
that  is  to  say,  considering  the  alter- 
nating current  enclosed  arc  lamp 
without  the  shade  or  reflector  above 
the  arc,  the  light  from  such  a  lamp 
zvould  be  about  equally  distributed  up 
and  down;  one  half  of  it  would  be 
used  to  illuminate  the  streets  and  the 
other  half  to  illuminate  the  house 
tops.  In  ordinary  operation  the  al- 
ternating current  arc  lamp  is  pro- 
vided with  a  re  fleeter  to  utilise  these 
very  rays  that  would  otherwise  be 
thrown  up  in  the  air  and  in  some 
cases  absolutely  lost. 

Q.  Do  I  understand  that  the  up- 
per carbon  in  the  alternating  current 
enclosed  arc  lamp  becomes  very 
highly  heated,  reaches  a  greater  tem- 
perature than   the  lower? 

A.  Somczvhat  hotter,  yes;  that  is 
due  to  the  natural  tendency  of  the 
heat  to  rise,  healing  the  upper  carbon 
rather  than  the  lower. 


Q.  That  would  probably  be  the 
only  difference,  the  heat  going  up 
heating  the  upper  carbon? 

A.     7' hat  is  all. 

Q.     But  as  to  the  current? 

A.  So  far  as  the  action  of  the 
current  is  concerned,  if  the  carbons 
were  placed  horizontally  they  would 
both  be  absolutely  evenly  heated. 

Q.  Is  any  crater  formed  on  either 
of  the  carbon  points  in  the  alterna- 
ting   current    enclosed    lamp? 

A.  Only  a  very  slight  crater,  in 
most  cases  imperceptible,  particularly 
if  solid  carbons  are  used.  The  usual 
course  in  alternating  current  lamps 
is  to  use  one  solid  and  one  cored 
carbon  for  the  purpose  of  steadying 
the  arc.  In  the  cored  carbon  there 
is  often  a  perceptible  crater;  the 
cored  carbon  may  be  either  the  upper 
or  the  lower. 

Q.  Do  either  of  the  carbons  in 
the  alternating  enclosed  arc  lamp 
reach  anywhere  near  the  same  tem- 
perature that  the  positive  carbon  of 
the  direct  open  arc  lamp  reaches? 

A.  Probably  not;  I  am  not  pre- 
pared to  say  as  to  the  absolute  tem- 
perature of  the  carbon  tip,  but  am 
inclined  to  think  that  the  tempera- 
ture of  the  carbon  tips  of  the  di- 
rect current  lamp  would  be  naturally 
higher  than  that  of  the  carbons  of  the 
alternating  current  arc,  for  the  very 
reason  that  the  direct  current  arc  has 
an  advantage  of  a  continuous  heat, 
zi.'hcreas,  in  the  alternating  current 
arc  there  is  heating  and  cooling  go- 
ing on  continuously ;  the  temperature 
of  the  carbon  of  the  alternating  arc 
would,  therefore,  naturally  be  some- 
zi<hat  lower. 

Q.  Now,  I  want  to  get  a  little 
closer  to  the  cause  of  light,  and  put, 


DIRECT    EXAMINATION— MARKS. 


153 


perhaps,  a  direct  question.     Is  it  not 
due  to  the  high  temperature  reached 
by  the  carbon? 
A.     That  is  it  exactly. 

Q.  So,  that  the  higher  the  tem- 
perature in  the  carbon  the  greater 
might  be  expected  the  light  pro- 
duced ? 

A.    Correct. 

Q.  Now,  I  think  you  have  really 
answered  this,  but  go  now  to  the 
carbons  and  alternating  currents. 
The  current  goes  back  and  forth,  al- 
ternates, as  the  word  indicates ;  first 
one  carbon  is  positive,  the  other  neg- 
ative, that  is,  the  negative  was  for- 
merly the  positive? 

A.     That  is  correct. 

Q.  Is  it  not,  therefore,  a  fact  that 
there  is  an  instant  of  time  when  there 
is  no  current  passing  through  either 
carbon  ? 

A.  Yes,  with  60  cycles  this  occurs 
120  times  a  second. 

Q.  Is  the  point  that  you  are  now 
describing  illustrated  by  a  slide  which 
was  thrown  upon  a  screen  bj'  Profes- 
sor Shedd  on  last  Saturday  night, 
which  is  designated  as  the  dot  and 
dash  illustration? 

A.     Yes. 

Q.  Then,  if  he  could  have  taKen 
photographs  in  practically  the  same 
way  of  the  light  from  the  direct  cur- 
rent open  arc  lamp,  it  would  have 
been  one  continuous  light  of  white 
instead  of  a  broken  light  as  shown 
by  the  light  from  the  alternating  cur- 
rent? 

A.     Yes. 

Q.  Referring  to  some  matters 
brought  out  in  cross-examination  of 
Professor  Shedd  as  to  the  decrease 


of  the  use  of  the  direct  current  open 
arc  lamp,  what,  in  your  opinion,  was 
the  cause  of  the  decrease  of  the  use 
of  that  lamp? 

A.  Too  expensive  to  operate  prop- 
erly. 

Q.  Can  you  state  where  lamps  of 
that  character  are  being  used  at  the 
present  time,  that  is,  in  what  cases 
and  to  what  extent? 

A.  Well,  they  are  being  used  to  a 
considerable  extent  in  the  United 
States,  and  almost  universally  abroad 
The  enclosed  arc  has  hardly  gotten  a 
foothold  on  the  other  side  of  the 
Tvater.  Now,  I  don't  want  you  to 
infer  from  that  that  the  open  arc  as 
used  on  the  other  side  of  the  water 
is  precisely  the  same  kind  of  a  lamp 
as  the  open  arc  lamp  commonly  called 
2000  candle  poxcer  that  is  used  in  this 
country. 

Q.  Could  you  give  an  estimate  of 
the  candle  power  of  the  open  arc  di- 
rect current  lamps  that  are  in  com- 
mon use  in  Europe? 

A.  Why,  I  should  say  thai  a  good 
10  ampere  open  arc  lamp  of  the  Bar- 
don  type,  which  is  a  type  that  is  very 
commonly  used  in  Europe,  would 
give  about  the  candle  power  that  I 
ascribed  to  the  old  9J^  to  10  ampere 
open  arc  lamp,  assuming,  of  course, 
that  the  lamps  to  be  in  good  condi- 
tion and  supplied  zvith  good  carbons. 
In  other  words,  there  is  no  more 
reason  ivhy  they  should  get  a  diffcr- 
tnt  candle-power  lanth  a  10  ampere 
lamp  on  the  other  side  of  the  ivater 
than  they  should  over  here.  The 
ihief  difference  is  in  the  mechanism 
of  the  lamp  and  in  the  care  xvith 
which   the  mechanism   is  maintained. 

Q.  I  wish  you  would  state,  Mr. 
Marks,  in  order  to  make  it  clear  to 


154 


DIRECT    EXAMINATION— MARKS. 


all  persons,  whether  or  not  there  is 
an  enclosed  arc  lamp  of  a  direct  cur- 
rent as  well  as  alternating  current? 
A.     Yes,  there  is. 

Q.  State  if  you  can  why  the  en- 
closed arc  lamp  has  not  made  greater 
progress  in  Europe? 

A.  In  ansivcring  that  question  ive 
must  consider  the  conditions  that  ob- 
tain in  Europe  and  in  this  country 
ivith  reference  to  perhaps  three 
points.  First,  the  cost  of  labor  on 
the  other  side  of  the  water  and  in  the 
United  States;  second,  the  cost  of 
carbons;  and  third,  the  custom  of  the 
foreigner  in  so  maintaining  his  lamps 
as  to  get  the  best  results  out  of  them. 
Now,  as  to  the  first  point,  the  cost 
of  labor;  from  investigations  that  I 
have  made  on  both  sides  of  the  water 
I  find  that  whereas  in  this  country, 
particularly  in  the  cities,  a  trimmer 
ivill  get  on  the  average  about  $2.00 
a  day ;  on  the  other  side  of  the  water, 
on  the  continent  of  Europe,  in  places 
I  have  investigated,  the  average  wage 
paid  to  a  trimmer  is  about  fifty  cents 
a  day  or  the  equivalent,  or  about 
one-fourth  of  the  expense  of  trim- 
ming on  this  side  of  the  water. 
Now,  take  the  question  of  carbons, 
the  second  point;  the  average  central 
station  pays  for  cored  arc  carbons 
about  $25.00  a  thousand;  small  sta- 
tions pay  $27.50  a  thousand;  some  of 
the  Edison  Companies  pay  a  few  dol- 
lars less  than  the  average  figure  that 
I  have  named.  On  the  other  side  of 
the  7vater  the  cost  of  carbons  is  less 
than  one-third  of  this  amount. 

.\'ow,  taking  these  two  points  alone, 
the  difference  in  the  cost  of  carbons 
and  in  the  cost  of  labor,  it  is  very 
clear  that  the  reasons  that  obtain  for 
substituting  the  enclosed  arc  for  the 
open  in  this  country  do  not  and  did 


not  obtain  abroad;  in  other  words, 
the  labor  saving  feature  of  the  en- 
closed arc  accounts  to  a  very  large 
extent  for  its  remarkable  introduc- 
tion into  the  United  States,  and  for 
the  fact  that  it  has  largely  displaced 
the  old  open  arc  type  of  lamp. 

Q.  About  how  often  is  it  neces- 
sary to  trim  the  enclosed  arc  alter- 
nating   current    lamp  ? 

A.  The  carbons  will  burn  75  to 
TOO  hours.  Call  it  100  hours  as  a  fair 
figure  for  the  lamps  which  run  all 
night.  As  I  understand  it,  the  lamps 
in  Colorado  Springs  are  run  on  the 
so-called  4000  hour  schedule.  They 
probabily  trim  them  once  a  zveek  to 
be  on  the  safe  side  and  alloiv  some 
margin. 

Q.  About  how  often  would  it  be 
necessary  to  trim  direct  current  open 
arc  lamps? 

A.  The  double  carbon  open  arc 
lamp,  containing  tzvo  pairs  of  car- 
bons, one  pair  of  which  is  automatic 
ally  put  into  operation  in  the  lamp 
when  the  other  pair  has  burned  aivay, 
gives  approximately  13  or  14  hours 
life.  That  is  to  say,  burning  tzvo 
pairs  of  carbons  of  about  the  same 
diameter  as  the  carbons  used  in  the 
enclosed  arc  you  zvould  get  only  14 
hours  of  life  in  the  open  arc  as  com- 
pared with  100  hours  zvith  one  pair 
of  carbons  in  the  enclosed  arc  lamp. 

Q.  Then  it  would  be  true,  as  I 
understand  it,  that  the  carbon  is  con- 
sumed, if  we  may  use  the  word  con- 
sumed, nuich  more  rapidly  in  the 
open  arc  direct  current  lamp  than  in 
the  alternaling  enclosed  lamp? 

A.  Yes,  the  ratio  of  consumption 
zvould  be  about  one  to  fifteen  possi- 
bly; that  is  to  say,  an  open  arc  lamp 
zvould  consume  fifteen  times  as  much 
carbon  as  an  enclosed  arc  lamp. 


DIRECT   EXAMINATION— MARKS. 


155 


Q.  And  would  that  be  caused  by 
the  higher  temperature  in  an  arc 
of  the  open  arc  lamp? 

A.  In  a  measure,  yes,  but  the  chief 
cause  is  that  the  open  arc  is  exposed 
to  the  oxygen  or  air  in  producing 
the  light,  which  cats  azvay  the  carbon 
very  quickly. 

Q.  Now.,  please  explain  the  source 
of  light  that  conies  from  the  enclosed 
arc  lamp  alternating  current  along 
the  same  line  that  you  have  explained 
the  source  of  light  from  the  other 
lamp? 

A.  In  the  alternating  current  en- 
closed arc  lamp  the  light  issues  from 
the  carbon  points  just  as  in  the  case 
of  the  open  arc  lamp,  with  this  differ- 
ence, however,  that  both  of  the  car- 
bon points  in  the  enclosed  arc  lamp 
are  highly  heated  and  emit  about  the 
same  amount  of  light,  whereas  in  the 
direct  current  open  arc  lamp  the  bulk 
of  the  light  comes  from  only  one 
carbon,  namely,  the  upper  or  positive 
carbon. 

Q.  But,  in  the  alternating  en- 
closed lamp,  do  either  of  the  carbon 
points  become  as  highly  heated  or 
reach  as  high  a  temperature  as  the 
positive  carbon  in  the  open  arc  direct 
current  lamp? 

A.  They  do  not.  There  is  one 
point  to  zdiich  I  did  not  call  atten- 
tion, and  xdiich  may  perhaps  not  bear 
upon  the  present  question,  and  that  is 
that  while  in  the  direct  current  open 
arc  lamps  zve  have  an  intense  white 
light,  in  the  alternating  current  en- 
closed arc  7C'.'  have  a  decidedly  violet 
light,  which  fact  in  itself  accounts 
for  a  decrease  in  the  luminous  effi- 
ciency of  the  alternating  current  arc 
below  that  of  the  direct. 

Q.    Can  you  state  what  proportion- 


ate part  of  the  light  in  the  alternating 
enclosed  lamp  comes  from  the  arc 
and  what  from  the  carbon  points? 

A.  A  very  small  percentage,  in- 
deed, from  the  arc,  but  still  a  much 
larger  percentage  from  the  arc  than 
in  the  case  of  the  open  arc  lamp. 

Q.  Referring  to  the  use  and  to 
the  styles  of  lamps  and  maintainance 
in  Europe,  is  it  not  true  that  you 
found  that  one  great  difficulty  in  in- 
troducing the  enclosed  arc  lamp  was 
that  it  didn't  give  sufficient  power  to 
satisfy  the  users  over  there? 

A.  Decidedly;  on  the  other  side 
of  the  zi'ater  they  poke  fun  at  us  and 
tell  us  that  zve  have  no  idea  of  what 
good  light  by  arc  lamps  is. 

Q.  Now,  in  speaking  of  the  cost 
of  operating  the  two  systems,  is  it 
not  true  that  a  very  proportionate 
decrease  in  the  cost  would  be  had 
over  there  by  using  the  enclosed  al- 
ternating system  we  have  here? 

A.  Well,  I  would  have  to  figure 
that  out. 

Q.  That  is,  wouldn't  it  simply  be 
necessarj-  for  them  to  trim  their 
lamps  fewer  times  just  as  it  is  here? 

A.  Yes,  but  you  see  the  saving 
that  they  would  effect  in  that  zvay 
ziouldn't  begin  to  balance  the  in- 
creased illumination  for  the  same 
money  that  they  could  get  with  an 
open  arc. 

Cross  -  examination  by  Mr. 
Schuyler. 

Q.  Mr.  Marks,  I  understand  you 
to  say,  then,  that  the  term  standard 
2000  candle-power  as  used  in  Sep- 
tember, 1898,  in  no  sense  referred  to 
the  actual  candle-power? 

A.     Yes,  that  is  true. 


156 


CROSS-EXAMINATION— MARKS. 


Q.  So  that  how  much  else  we 
may  differ  as  to  iis  actual  meaning 
as  applied  to  this  case,  it  was  then  a 
general  commercial  or  trade  term 
used  to  designate  a  kind  of  light? 

A.  No,  used  to  designate  a  very 
specific  kind  of  light. 

Q.     But,  a  trade  term  to  designate 
light,  then? 
A.    A  light. 

Q.  What  I  was  trying  to  get  at 
was,  it  was  a  trade  term  not  to  be 
taken  in  its  literal  significance? 

A.     Oh,  no,  not  at  all. 

Q.  Now,  at  the  meeting  of  the 
National  Electric  Association,  what 
was  the  light  under  consideration  in 
making  that  ruling  which  I  read  to 
Professor  Matthews  yesterday? 

A.  You  mean  back  in  1894,  don't 
you? 

Q.      Yes  ? 

A.  Of  course  that  ivas  before  we 
had  any  enclosed  arc  lamps,  under- 
stand. 

Q.     That  is.   I   understand   that   is 
>our  position? 
A.     No,  that  is  the  fact. 

Q.  I  understand  you  to  say  you 
conceived  one  in   1893? 

A.  1  happen  to  knoiv  zvhcn  they 
zvere  put  on  the  market:  there  was 
no  enclosed  arc  on  the  market  zi'hcn 
that   resolution   icas  adopted. 

Q.  What  was  the  particular  one 
under  consideration? 

A.  The  open  arc  lamp,  now 
known  and  then  knotvu  as  the  2000 
candle-poiver  lamp. 

Q.     Well,  the  direct  current  lamp? 
A.     Yes,  that  is  correct. 


Q.  Was  any  other  kind  discussed 
or  considered  in  making  that  resolu- 
tion? 

A.  Why,  I  don't  know  that  there 
was  any  other  kind  considered ;  of 
course  there  were  other  lamps  at  that 
time. 

Q.  I  meant  that.  Is  your  testi- 
mony that  this  ruling  that  was  made 
refers  to  the  direct  current  open  arc 
lamp? 

A.     Yes. 

Q.     Were  you  at  that  meeting? 

A.  I  think  I  was;  I  believe  I  read 
a  paper  at  that  meeting. 

Q.  Tell  me,  isn't  it  a  fact  that  at 
that  meeting  it  was  decided  and  dis- 
cussed and  determined  that  what  you 
were  selling  or  what  was  being  con- 
tracted for  was  not  light  in  the  sense 
of  candle-power,  because  that  was 
too  indefinite  but  was  simply  the  sale 
of  power,  that  you  were  selling  so 
much  power? 

A.  That  is  just  e.vactly  what  the 
light  companies  zvere  trying  to  bring 
up. 

Q.  Isn't  it  a  fact  that  was  dis- 
cussed at  the  meeting  and  talked 
about  ? 

A.  That  is  just  the  point;  so  much 
trouble  arose  on  account  of  the  dis- 
satisfaction of  the  public  with  the 
light  given  by  arc  lamps  that  for  their 
ozi'u  protection  the  lighting  com- 
panies passed  a  resolution  stating  that 
hereafter  the  light  zijhich  is  supposed 
to  give  2000  candle-power,  namely, 
the  95^2  to  10  ampere  direct  series 
open  arc  shall  be  known  as  the  450 
luatt  lamp. 

Q.  That  was  referring,  you  say, 
simply  to  the  direct  current  open  arc 
lamp  ? 


CROSS-EX  AMIX  A  TION— MARKS. 


157 


A.    I  do. 

Q.  Well,  the  subject  was  deter- 
mined, that  thereafter  in  making  con- 
tracts it  should  be  recognized  as  the 
intention  of  the  companies  all  over 
the  United  States  that  energy  or 
power  of  a  certain  extent  was  being 
sold  and  not  candle  power,  that  is,  so 
many  watts;  that  was  discussed  and 
determined,  was  it  not? 

A.  As  I  just  stated,  for  their  ozvn 
protection  the  companies  agreed  that, 
wherez'er  possible,  they  zvould  enter 
into  contracts  that  called  for  a  given 
expenditure  or  power  at  the  arc,  or 
as  you  put  it,  watts  at  the  arc. 

Q.  Now,  I  am  going  to  call  your 
attention  to  the  proceedings  of  that 
meeting  and  ask  you  if,  in  view 
of  what  I  read,  you  are  not  mis- 
taken in  the  position  you  have  just 
taken?  "Report  of  Special  Commit- 
tee on  rating  of  arc  lamps."  Taken 
from  the  17th  Convention  of  the  Na- 
tional Electric  Light  Association. 
Washington,  D.  C,  February  18, 
1894.  Professor  Anthony  arose  and 
spoke  as  follows :  "Mr.  President  and 
gentlemen :  The  committee  that  was 
appointed  *  *  *  In  regard  to  the  al- 
ternating current  arc  lamps,  Mr. 
Hammer,  one  of  the  members  of  the 
committee,  had  some  data,  which 
V.  ould  seem  to  indicate  that  the  West- 
inghouse  Company  had  adjusted 
these  lamps  to  use  five  hundred 
watts  but  still  called  them  two  thous- 
and candle-power  arc  lamps.  I  sup- 
pose that  would  also  be  included  un- 
der this  resolution ;  that  is,  if  you 
furnished  an  alternating  current  arc 
lamp  with  four  hundred  and  fifty 
watts,  it  would  be  a  two  thousand 
candle-power  arc  lamp  within  the 
meaning  of  this  resolution ;  and  if 
von  wish    to    furnish    five    hundred 


watts    for  the   same   thing,   the   cus- 
tomer cannot  find  any  fault." 

So,  that  the  alternating  current 
arc  lamp  as  well  as  the  direct  cur- 
rent open  arc  lamp  was  under  con- 
sideration at  that  meeting,  and  dis- 
cussed, and  supposed  to  be  included 
in  that  definition,  was  it  not? 

A.    I  didn't  so  understand  it. 

Q.    Well,  in  the  face  of  the  record, 
'\-ould  you  say  that  your  individual 
recollection    is    better,    or    are    these 
proceedings  supnosed  to  be  the  offi 
cial  record? 

A.  The  proceedings  you  have  read 
are,  undoubtedly,  the  official  record, 
but  I  think  I  am  correct  in  saying, — I 
believe  that  the  concensus  of  opinion 
of  the  central  station  men  who  at- 
tended that  meeting  would  bear  me 
out  in  saying — that  xvhat  they  had 
under  consideration  at  that  time,  and 
the  only  thing  they  zvere  talking 
about  zvas  the  full  arc.  direct  current, 
and  these  ether  things  zcere  e.rtrane- 
cus  matters. 

Q.  Well,  you  recognize  the  book 
which  I  read  as  the  official  record? 

A.  I  recognise  the  book,  but  be- 
hez'e  at  that  meeting  I  had  a  talk 
zcith  Professor  Anthony  himself,  and 
the  gist  of  the  whole  thing  was  they 
were  trying  to  get  at  a  resolution  for 
the  old  open  arc. 

Q.  The  Professor  is  the  same  gen- 
tleman who  is  speaking  here  when 
he  says  this  resolution  covers  the  al- 
ternating arc  lamp? 

A.    Same  man. 

Q.  Mr.  Brophy  said,  and  I  will 
ask  you  if  that  wasn't  the  general 
consensus  of  opinion  of  that  con- 
vention:   "It    is    unfortunate    that 


i5« 


CROSS-BXAMINA  TION— MARKS. 


the  term  two  thousand  candle- 
power  was  ever  applied  to  an 
i.rc  lamp.  It  has  been  in  l.iie  past, 
and  probably  will  be  in  the  future, 
a  source  of  trouble  to  all.  You 
are  furnishing  power,  and  you 
should  sell  it  as  power."  Is  that 
true? 

A.  Absolutely  true.  That  was  the 
position  that  I  took. 

Q.     You  concur  in  that? 
A.    I  do. 

Q.  I  will  ask  you  if  from  that 
time  on  in  the  United  vStates  when 
contracts  of  this  character  were 
made,  whatever  the  trade  designa- 
tion of  it,  the  thing  that  entered 
into  them  was  that  it  was  power 
that  was  being  sold;  wasn't  that 
ihe  consideration  that  always  en- 
tered into  it.  whatever  you  may 
have  called  the  light,  the  only 
thing  they  were  selling  was  so 
much  power? 

A.  When  you  were  selliiiy  an  open 
arc  lamp  and  called  it  a  450  ivatt 
lamp,  you  referred  to  this  so-called 
two  thousand  candle  poiver  arc  lamp, 
but  you  did  sell  it  as  a  450  laatt  lamp. 

Q.  As  consuming  at  the  lamp 
terminals,  450  watts,  exclusive  of 
this   resistance? 

A.  Yes,  450  zvatts  at  the  arc.  I 
might  make  tny  position  on  that  mat- 
ter still  clearer.  Some  six  months 
after  that  resolution  was  passed,  I 
zcas  requested  to  read  a  paper  before 
the  National  lilcctric  Light  Associa- 
tion in  1895  in  order  to  hammer  in 
a  little  harder  the  fact  that  zvhat  the 
electric  light  companies  were  to  do, 
for  their  onm  best  interests,  zvas  to 
call  the  lamp  a  450  zvatt  lamp,  and 
get  rid  of  the  candle  pozver  designa- 
tion, which  was  so  difficult  to  meas- 


ure up ;  and  I  did  hammer  it  in.  I  re- 
call that  at  that  time  it  zvas  a  very 
serious  question  as  to  whether  the 
electric  light  companies  could  bring 
about  the  designation,  450  watts;  they 
asked  me  to  use  my  best  efforts  to 
help  along  the  cause,  as  I  zvas  cir- 
culating pretty  rapidly  among  the 
municipalities  at  that  time.  But,  re- 
member this,  z<'c  zoere  not  talking 
about  enclosed  arcs:  that  is  an  en- 
tirely different  proposition. 

Q.  Exactly.  Then,  while  the 
samf  number  ot  watls  may  be  de- 
livered, your  position  is  there  is  a 
difference  in  the  lamps,  isn't  it? 

A.    An  entirely  different  question. 

Q.  Now,  I  want  to  ask  you 
if  it  isn't  and  hasn't  become  the 
very  general  practice  since  the 
introduction  of  the  enclosed  arc 
lamp,  to  apply  that  term,  two 
thousand  candle  power  to  the  en- 
closed lamp? 

A.  Oh,  I  think  it  is  a  pretty  fair 
statement  to  say  in  many  cases;  I 
don't  know  what  proportion.  But  I 
hardly  think  it  is  fair  to  say  that 
it  is  generally  recognised  that  a  450 
zvatt  lamp  is  a  tzvo  thousand  candle 
pozver  lamp;  if  you  look  at  it  in  that 
7vay,  I  think  you  are  mistaken. 

Q.  But,  now,  coming  to  another 
phase  of  it ;  while  I  understand 
you  take  the  position  that  one 
stj'le  of  lamp  will  give  more  light, 
I  want  to  ask  you  this  question : 
Isn't  it  a  fact  that  it  is  generally 
recognized  that  the  enclosed  al- 
ternating current  gives  a  better 
light? 

A.    Not  at  all,  not  at  all. 

Q  What  is  the  advantage  on 
the  point  of  quality  of  the  light, 
aside  from  the  amount? 


CROSS-EXAMINA  HON— MARKS. 


159 


A.  I  think  the  quality  of  the  light 
of  the  open  arc  is  far  superior  to  that 
of  the  enclosed. 

Q.  Now,  as  to  the  <:{uestion  of 
distribution  and  steadiness? 

A.  A  good  type  of  enclosed  arc 
lamp,  properly  operated  is,  in  my 
npinwn,  a  better  lamp,  a  far  better 
lamp  than  the  old  open  arc  lamp 
that  is  ordinarily  operated:  but,  in 
direct  ansxver  to  your  question,  I 
would  say  that  you  can  zvith  an  en- 
closed arc  lamp  obtain  considerably 
better  distribution  of  candle  power 
than  that  obtained  from  the  old  open 
arc  lamp,  and  also  under  ordinary 
conditions  of  operation  the  light  of 
the  enclosed  arc  ivill  be  consider- 
ably more  steady. 

Q.     And  less  shadow? 
A.     Yes,  less  shadoiv. 

Q.  Isn't  that  quite  v.n  advant- 
age to  the  public? 

A.  That  is  quite  a  decided  ad- 
vantage to  the  public;  but  bear  in 
mind,  when  speaking  of  the  enclosed 
arc,  I  am  not  speaking  of  the  lamps 
titat  are  used  on  the  streets  of  this 
city. 

Q.  Did  you  ever  make  any 
meaaurements,  make  ai'y  tests  of 
these  lights  upon  these  streets? 

A.     No,  sir. 

Q.  But  for  general  purposes, 
you  do  say  that,  properly  main- 
tained, from  the  point  of  distribu- 
tion and  steadiness,  there  are  ad- 
vantages in  the  enclosed  arc  lamp? 

A.  Some  types  of  the  enclosed  arc 
lamp. 

Q.  How  mouy  watts  should 
that  lamp  take? 

A.     Which  lamp  do  you  refer  to? 


Q.  The  one  you  speak  of  as 
some  type? 

A.  I  had  in  mind  when  I  spoke, 
particularly,  the  direct  current  series 
enclosed  arc  lamp,  consuming  rough- 
ly, 500  ziKitts  at  the  arc.  I  have  had 
occasion  to  note,  ti'i7/j  a  great  deal 
of  gratification,  the  results  obtained 
from  that  lamp  in  the  city  of  Boston. 

Q.  Isn't  that  500  a  general  term; 
doesn't  what  you  said  apply  equal- 
ly well  to  the  open  arc  450  watt 
lamp  ? 

A.     Xo. 

Q.  Taking  the  same  amount  of 
current  as  the  open  arc,  that  is, 
450  v/atts? 

A.    Xo. 

Q.     Running  from  430  to  480? 
A.     Xc. 

Q.  That  is  not  the  one  you  refer 
to? 

A.    Xo. 

Q.  To  what  extent  can  you 
make  a  comparison  and  with  what 
accuracy  can  you  make  observa- 
tion, that  IS,  visual,  from  the  street, 
of  the  watts  delivered  at  lamp  ter- 
minals, that  is,  by  looking  at  the 
lamp? 

A.  Oh,  not  a  very  accurate  com- 
parison. 

Q.  Do  you  agree  with  Pro- 
fessor Matthews  in  saj-ing  the  eye 
is  not  retentive,  has  no  memory 
of  light,  so  you  could  a  week  later 
make  a  comparison  of  lights? 

A.  Well,  I  think  Professor  Mat- 
thczvs  was  quite  right;  but  I  might 
say  this,  that  at  the  time  at  which  I 
zvas  very  actively  engaged  zvith  the 
open  arc  tiiat  1  could,  by  going  into 


i6o 


CROSS-EXAMIXATION— MARKS. 


a  town  and  looking  at  the  lamps,  tell 
whether  they  were  using, — whether 
they  had  the  circuit  run  up  to,  well, 
len  amperes.  I  don't  think  I  could 
have  told  the  difference  bctiveen  eight 
and  nine,  for  instance. 

Q.     Could      you      come      within 
ten  to  twenty  per  cent,  of  the  watts? 
A.     No. 

Q.  Could  you  come  into  this 
city  in  January,  say,  and  look  at 
the  lights,  then  late  in  September 
following,  come  back  and  obperve 
a  difference  of  from  ten  to  twen- 
ty per  cent.,  or  anything  of  that 
kind? 

A.  1  couldn't,  unless  you  zvere 
working  about  at  the  ragged  edge; 
that  is,  if  you  loere  at  the  point  of 
unstable  equilibrium,  belozv .  which 
the  lamps  would  be  so  unsteady  that 
you  couldn't  help  noticing  their  dif- 
ference; but  if  the  lamps  zvere  run 
at  450  watts,— along  in  there, — /  don't 
think  I  or  anybody  else  could  tell 
the  difference  in  illumination  between 
a  light  taking  450  and  one  taking 
440  or  460  watts. 

Q.     Could     you     tell     the     differ- 
ence between  a  6.6  and  7l4  ? 
A.    I  am  inclined  to  think  I  could. 

Q.     You    are    not    positive? 

A.    No,  I  am  not  positive  of  that. 

Q.     You    don't    rely   upon   that? 

A.  I  don't  rely  upon  my  eye ;  but 
there  is  quite  a  big  difference  be- 
tween a  6.6  and  7J^. 

Q.  In  making  an  actual  test  of 
one  lamp  could  you  rely  upon  mere 
visual  observations  to  compare  it 
with  lamps  upon  other  circuits? 

A.  Well,  that  would  depend.  I 
think  probably  if  on  one  circuit  the 


lamps  were  very  low,  I  would  be 
able  to  point  out,  visually,  which 
lamps  zvere  consuming  less  watts. 

'  Q.     They  would  have  to  be  quite 
low? 

A.  They  would  have  to  be  quite 
lozv;  just  zvhat  percentage  of  dif- 
ference between  the  two  I  can't  say. 
If  you  zvere  trying  to  operate  your 
lamps  zvith  350  to  375  watts,  just 
enough  zve  will  say,  to  make  them 
go,  then,  if  you  dropped  down  a  few 
zoatts  you  would  probably  notice  a 
difference  in  steadiness. 

Q.  Isn't  it  a  fact  in  this  coun- 
try, generally  that,  a  6.6  I).C.  enclos- 
ed lamp  in  series  takes  about  450 
watts   on   the   average? 

A.  Why,  I  knozv  in  a  number  of 
cities  they  have  been  trying  to  cut 
dozvn  the  zuatts  a  good  deal. 

Q.  Can't  you  answer  the  ques- 
lion  whether  that  is  not  generally 
true  in  the  United  States,  isn't 
that  the  standard  lamp  of  that 
kind? 

A.    Not  to  my  knowledge,  no. 

Q.     What  is  it? 

A.  I  don't  know  as  there  is  any 
standard  on  that. 

Q.     What  is? 

A.  Absolutely  no  standard  on  the 
enclcscfj.  arc  lamp,  so  far  as  1  know. 
Take  the  series  circuit,  the  wattage 
would  naturally  be  more  than  450 
watts  to  give  a  good  light  accord- 
ing to  my  notion;  you  would  require 
about  500  watts  to  give  you  a  light 
that  was  faiily  comparable  with  that 
of  the  old  open  arc. 

Q.  At  about,  what  do  you  mean; 
that  is  a  relative  term;  do  you 
mean  up  lo  five  hundred? 


CROSS-EX  AMIN  A  T I  ON— MARKS. 


i6i 


A.    No,  not  necessarily. 

Q.  Any  where  from  450  to  500, 
isn't  that  a  fact? 

A.  I  don't  think  it  is  a  fact  that 
a  450  watt  enclosed  arc  lamp  will 
give  yoii  a  satisfactory  enough  light 
to  displace  the  old  open  arc  lamp. 

Q.  Hasn't  it  been  generally  con- 
ceded, not  by  compilation  of  elec- 
tric companies,  but  from  the  vol- 
untary acceptance  of  cities  and  cit- 
izens, the  enclosed  alternating  arc 
is  superior  to  the  old? 

A.  No,  I  have  never  known  of  a 
case  where  it  has  been  claimed  that 
the  6.6  ampere  enclosed  arc  lamp, 
as  nozv  used  on  the  City's  streets,  is 
equivalent  to  the  old  10  ampere  open 
arc. 

Q.  That  is  what  1  asked  you. 
where  generally  accepted  by  the  pub- 
lic? 

A.  No,  I  am  not  talking  about 
the  public  accepting  a  thing;  the  fact 
of  their  acceptance  doesn't  mean 
much  to  me,  so  far  as  the  value  of 
the  light  is  concerned. 

Q.  You  mean  from  an  expert 
standpoint? 

A.  From  an  expert  standpoint, 
or  for  that  matter,  from  the  com- 
pany's standpoint.  I  don't  think  the 
manufacturing  company  that  is  sell- 
ing the  lamp,  claims  the  6.6  enclosed 
arc  lamp,  as  now  used,  is  equivalent 
to  the  old  arc. 

Q.    How  about  a  7J^? 

A.    A  different  proposition. 

Q.     Is   that   all   right? 

A.  Taking  the  old  open  arc  as  it 
was  run  in  a  great  many  places  I 
think  it  was  a  very  fair  substitute. 


Q.  You  think  it  is  a  very  fair 
substitute  ? 

A.  I  was  taking  the  old  open  arc 
as  run  in  a  great  many  places;  I 
think  it  is  a  very  fair  substitute;  in 
fact  I  will  go  further  and  say  the 
present  lamp  in  the  street  gives  bet- 
ter results  than  many  of  the  old  open 
arcs  as  they  were  run. 

Q.  Isn't  it  a  fact  on  account  of 
an  inherent  defect  in  those  direct 
current  open  arc  lamps,  American 
type,  rod-fed  lamps,  it  would  have 
been  quite  impossible  to  keep  them 
up  to  constant  candle  power? 

A.    No,  I  don't  think  it  is  a  fact. 

Q.  What  is  the  fact  in  that  con- 
nection ? 

A.  The  fact  is  this.  Let  me  pref- 
ace my  statement  by  calling  the  at- 
tention of  the  Board  to  the  fact  that 
there  were  two  general  types  of  open 
arc  lamps  used, — those  known  as  the 
clutchfeed,  and  those  known  as  the 
rack  feed  lamps.  In  clutchfeed  lamps 
the  carbon  carrying  rod  which  en- 
gaged the  clutch  slipped  through  the 
clutch  in  the  feeding  of  the  lamp; 
zuhereas  in  the  rackfeed  lamps,  the 
rod  was  provided  with  a  rack;  in 
other  words  the  lamp  was  fed  by 
clock  work  mechanism.  Now,  it  zvas 
found  in  the  operation  of  commer- 
cial circuits  that  with  the  dutch- 
feed  lamps  there  was  a  tendency  of 
the  rod  to  stick  in  the  clutch  at  times 
which  would  hold  up  the  arc,  that  is 
to  say,  cause  the  carbons  to  flame, 
and  at  other  times  a  slipping  of  the 
rod  through  the  clutch  which  would 
cause  the  carbons  to  hiss  and  sputter. 

It  was  extremely  difficult,  under 
ordinary  conditions,  without  going  to 
considerable  expense,  for  the  electric 
tight  companies  to  maintain  these 
lamps  tn  perfect  working  cond'tion. 


1 62 


CROSS-EXAMINATION— MARKS. 


But  I  have  run  such  circuits  with 
chitchfeed  lamps  for  a  considerable 
period  of  time,  and  cared  for  the 
lamps  as  they  should  have  been  cared 
for  to  obtain  fairly  uniform  results, 
xvithout  flaming  on  one  hand  or  sput- 
tering on  the  other,  which  were  quite 
common  in  open  arc  lamps  on  com- 
mercial circuits,  as  ordinarily  oper- 
ated. 

Nozc.  referring  to  the  other  type 
of  open  arc  lamps,  namely,  the  rack 
feed  type,  zvhile  the  same  objections 
zchich  I  have  named  apply  to  this 
type  of  lamp  as  it  was  commonly 
used  on  comtnercial  circuits,  the  lamp 
zvas  capable  of  very  steady  and  uni- 
form operation.  For  a  period  of  al- 
most three  years  J,  personally,  oper- 
ated a  eircuit  of  these  rack  feed 
lamps,  and  with  some  exceptions 
the  regulation  of  the  lamps  was  quite 
as  good,  if  not  better  than  that  which 
we  obtain  to-day  from  enclosed  arc 
lamps  as  commonly  used. 

Q.  Now,  I  want  to  ask  you  if 
you  could  come  to  the  City  and  dis- 
tinguish between  a  6.6  alternating 
current  enclosed  lamp  burning  4S0 
watts  and  a  7J4  ampere  burning 
480  watts,  by  observation? 

A.     I  don't  think  I  could. 

Q.  I  want  to  ask  you  if  in  this 
old  type  of  9.6  direct  current  open 
arc  lamp,  dust  and  rain  didn't  in- 
terfere with  the  maintenance  of  that 
lamp  in  a  satisfactory   form? 

A.  Yes,  that  was  one  of  the  ob- 
jections to  the  old  style  of  lamp.  In 
many  of  the  cities  throughout  the 
country  they  don't  even  take  the 
trouble  to  put  a  casing  on  the  outer 
globe,  simply  leave  the  globe  open, 
permitting  the  rain  and  wind  to  af- 


fect the  arc;  but  zvith  a  suitable  cas 
uig  closing  the  globe,  the  deleterious 
effects  of  dust  and  wind  would  be 
minimised. 

Q.  Do  I  understand  you  to  say 
as  a  general  conclusion  that  the 
clutch  feed  lamp  was  inferior  to  the 
lack  feed  about  which  you  spoke, 
more  difficult  to  maintain  ? 

.4.  I  don't  want  to  put  it  m  just 
that  way,  because  the  old  clutch  feed 
type  lamp,  and  for  that  matter  the 
present  clutch  feed  type  of  lamp  has 
many  advantages  over  the  rack  feed, 
in  this  that  the  clutch  feed  is  a  cheap- 
er lamp  and  generally  speaking  it  is 
a  safer  lamp  to  use;  it  doesn't  get 
out  of  order  as  easily  as  the  old 
rack  lamp;  that  zvas  the  trouble  with 
the  old  rack  lamp,  so  the  companies 
would  not  stand  for  it.  But  with 
care  and  attention  and  replacement 
of  the  parts  that  become  worn,  the 
companies  could  have  operated  them 
for  quite  a  while. 

Q.  I  asked  what  the  general  dis- 
carding of  these  lamps  was  due  to? 

A.  The  very  faulty  operation  by 
the  companies. 

Q.  As  an  electrical  engineer, 
would  you  advise  the  City  of  Colo- 
rado Springs  to  go  back  to  the  9.6  di- 
rect current  open  arc  lamp? 

A.  I  don't  know  just  what  posi- 
tion I  would  take  in  the  matter. 
Probably  if  the  City  of  Colorado 
Springs  wanted  to  install  a  new  sys- 
tem of  electric  lighting,  I  should  be 
at  their  disposal  at  a  certain  amount 
per  diem  to  advise  on  the  ques- 
tion. 

Board  adjourned. 


CROSS-EXAMINA  TION— MARKS. 


r6.? 


THE  BOARD  MET,  PURSUANT  TO  ADJOURNMENT, 
AT  2  P.  M.,  FEBRUARY  4,  1907. 


Mr.  MARKS  recalled  to  the  stand. 

Cross  -  examination  Continued 
by  Mr.  Schuyler. 

Q.  Mr.  Marks,  I  want  you  to  tell 
me  if  it  isn't  true  that  from  the 
standpoint  of  the  illuminating  pro- 
fession, its  object  is  to  secure  a 
light  giving  the  best  distribution,  the 
greatest  steadiness,  devoid  of  glare, 
that  is  as  soft  a  light  as  possible  and 
free  from  shadows,  for  street  light 
purposes? 

A.  Yes,  that  is  true,  but  of  course 
zi'e  must  always  consider  the  ques- 
tion of  economy  in  taking  up  matters 
of  that  kind. 

Q.  You  said  that  in  the  enclosed 
arc  lamp  a  greater  amount  of  light 
came  from  the  arc  than  in  the  other 
type  we  have  been  considering? 

A.     y'cs,  I  said  that. 

Q.  Isn't  there  a  greater  tendency 
in  the  enclosed  arc  lamp  than  in  the 
open  lamp  to  raise  the  maximum  of 
light  to  the  horizontal? 

A.  Yes,  particularly  if  the  arc  is 
at  the  edge  of  the  carbons. 

Q.     Isn't  that  true  in  any  case? 

A.  It  is  true  in  a  measure,  but 
the  main  increase  from  such  a  cause 
would  come  about  when  the  arc  was 
at  the  edge  of  the  carbons. 

Q.  Would  it  be  a  fair  way  for  a 
lighting  company,  such  as  we  have 
here  under  consideration,,  in  order  to 
determine  what  the  lamp  wattage 
may  be,  to  take  the  total  watt  con- 
sumption at  the  plant,  eliminate 
transformer   loss,   taking    into    con- 


sideration the  grounds  and  things  of 
that  character,  and  then  to  divide  the 
number  of  lamp  hours  into  the  total 
number  of  watts  consumed? 

A.  If  they  keep  close  track  of 
those  factors,  and  really  know  what 
they  amount  to,  they  certainly  would 
get  a  very  fair  idea  of  the  average 
zcatts  per  lamp,  but  that,  of  course, 
ivould  not  give  them  any  idea  of  the 
watts  in  each  lamp. 

Q.  That  is,  one  lamp  may  fall  to 
a  low  standard,  we  will  say,  and  still 
other  lamps  upon  that  circuit  be  up 
to  the  standard? 

A.     Yes,  that  is  true. 

Q.  Then  that  being  true,  would 
you  consider  it  to  be  in  any  wise  a 
fair  test  of  what  241  lamps  on  six 
circuits  in  a  city  are  doing  to  take 
one  or  two  lamps  on  a  certain  day, 
ascertain  their  wattage,  and  there- 
after removing  those  lamps,  derive  a 
curve  outlining  what  those  two 
lamps  were  doing,  and  then  attempt 
to  apply  that  as  a  general  condition 
of  the  lamps  all  over  the  city? 

A.  Well,  if  they  happened  to  se- 
lect one  of  those  tzvo  lamps  from  one 
circuit,  and  the  other  from  another 
circuit,  I  think  it  would  be  quite  fair 
to  assume — in  fact  you  couldn't  as- 
sume otherwise — that  all  of  the  lamps 
on  those  two  circuits  were  taking  the 
same  current  as  those  lamps. 

Q.  How  about  the  subject  of 
volts? 

A.  With  regard  to  the  question 
of  adjustment  of  lamps  it  goes  with- 


l64 


CR  OSS-  EX  A  MINA  T I  OX— MA  RKS. 


out  saying  that  a  man  cannot  definite- 
ly fix  the  voltage  of  one  lamp  from 
a  measurement  that  he  made  of 
another  lamp  that  he  took  from  the 
circuit;  but  generally  speaking,  a  man 
walking  over  the  circuits  of  the  town, 
and  giving  them  a  fair  investigation, 
sizing  up  the  circuits  as  it  were, 
picking  out  for  test  a  couple  of  lamps 
at  random  as  representative  of  the 
conditions  that  obtained  in  the  town, 
I  think  would  probably  give  a  pretty 
fair  idea  of  the  average  conditions 
that  existed  at  the  time. 

Q.  Such  a  test  wouldn't  give  the 
wattage  extending  over  a  period  of 
a  year  and  a  half? 

A.    Decidedly   not. 

Q.  And  you  wouldn't  get  the  wat- 
tage on  the  particular  circuit? 

A.  No,  not  on  the  entire  circuit; 
but  for  the  purpose  of  candle  power 
measurements,  the  purpose  for  which 
these  tests  were  made, — /  understand 
you  arc  referring  to  the  tests  about 
which  testimony  has  already  been 
adduced — /  think  the  curves  pro- 
duced show  a  very  fair  average  of 
what  they  found  at  that  time. 

Q.    Upon  those  two  circuits? 
A.      Well,     wherever     they     were 
xvorking. 

Q.  But  I  mean  it  would  be  lim- 
ited to  the  circuit  from  which  the 
lamp  came  ? 

A.     Oh,   yes. 

Q.  Isn't  it  a  fact  that  the  char- 
acter of  labor  that  it  is  possible  to 
obtain  in  this  country  as  compared 
with  what  it  is  possible  to  get  in 
Europe,  would  have  a  good  deal  to 
do  with  the  practicability  of  main- 
taining here  that  old  system  of  9.6 
open  arc  lamps? 


A.  If  you  are  willing  to  pay  a 
man  enough  money,  I  don't  doubt 
but  you  zvould  get  good  skilled  lamp 
trimmers;  it  is  simply  a  question  of 
expense. 

Q.  I  will  ask  you  if  it  isn't  a  fact 
that  it  would  cost  from  $40.00  to 
$50.00  per  annum  for  carbons  alone 
to  maintain  European  lamps  in  this 
country? 

A.  Well,  it  certainly  wouldn't  fall 
much  below  $40.00. 

Q.     Might   rise  to  $50.00? 

A.  Possibly,  assuming  you  paid 
for  imported  carbons;  but  if  they 
ever  got  to  such  a  point,  I  am  in- 
clined to  think  that  our  American 
manufacturers  would  get  a  move  on 
and  make  satisfactory  carbons  over 
here  for  less  money. 

Q.  And  under  present  condi- 
tions it  isn't  recognized  as  practi- 
cable to  maintain  lamps  at  any  such 
expense,   in  this   country? 

A.  Well,  I  don't  mean  to  imply 
that  you  would  have  to  use  the  best 
foreign  carbons  to  run  series  arc 
lamps. 

Q.  No,  I  didn't  mean  to  imply 
that  either. 

A.  If  you  ask  me  whether  we 
could  run  series  arc  lamps  and  get 
good  results  with  American  made 
carbons,  I  will  tell  you  yes,  splendid 
results,  and  we  don't  have  to  pay 
any  such  price  for  them. 

Q.  Can  you  cite  any  instance 
where  it  is  at  present  contemplated 
to  install  the  open  arc  lamps? 

A.    No. 

Re-direct  Examination  by  Judge 
Robinson, 


RE-DIRECT   EX. i  MIX  A  TIOX— MARKS. 


165 


Q.  One  of  the  reasons  for  in- 
stalling the  6.6  ampere  lamp  is  due 
to  the  fact  that  it  can  be  installed 
cheaper  than  the  other,  isn't  it? 

A.     Yes. 

Q.  Speaking  of  the  failure  to  keep 
in  adjustment  the  9.6  ampere  lamp, 
direct  current,  something  was  said 
about  the  inherent  faults  of  the 
mechanism  of  it ;  what  can  you  say 
of  the  same  lamp  of  the  A.  C.  en- 
closed ? 

A.  Oh,  it  has  a  few  inherent 
faults. 

Q.  Does  it  cause  it  to  get  out 
of  adjustment? 

A.  Very  often;  it  has  got  to  be 
carefully  zvatched  to  keep  it  up  to 
the  mark;  very  carefully  watched. 

Q.  Is  it  not  a  simple  fact  that 
in  either  kind  reasonable  care  must 
be  used  to  keep  them  up  to  the 
standard  which  they  were  intended 
to    maintain? 

A.     Yes,  that  is  so. 

Q.  I  want  to  ask  you  about  this 
famous  National  Electric  Light  As- 
sociation :  isn't  it  still  endeavoring 
to  find  definitions  for  2000  candle 
power    lamps  ? 

A.     Yes,  they  are  still  at  it. 

Q.  They  are  still  considering  the 
question  of  a  proper  rating  and 
standardizing  of  arc  lamps,  are  they 
not? 

A.  They  are;  they  took  up  that 
question  at  their  last  meeting. 

Q.  Mr.  Marks,  is  there  any  way 
whereby  the  candle  power  of  the 
lamps  out  on  a  street  circuit  can  be 
measured  at  the  station,  with  reas- 
onable   fairness  ? 


V!\ 


A.  No,  there  is  no  way  of  getting 
the  actual  measurement  of  candle 
poiver  of  a  lamp  except  by  measur- 
ing the  candle  power  at  the  lamp,     a 

Re-Cross  Examination  by  Mti^ 
Schuyler. 

Q.  Isn't  it  a  fact  that  the  heavy 
cost  to  the  lighting  companies,  of 
maintaining  the  open  arc,  direct  cur- 
rent lamps,  has  brought  about  their 
disuse,  because  the  cities  themselves 
have  not  been  able  to  afford,  and 
cannot  aflford  payment  for  them,  at 
reasonable  prices? 

A.  No,  I  certainly  don't  know 
that  to  be  true,  and  I  don't  believe 
it  is  true. 

Q.  When  the  old  style  direct  cur- 
rent, open  arc  lamp  was  in  use,  the 
prices  prevailing  for  street  lighting 
were  very  much  higher,  were  they 
not? 

A.     Yes. 

Q.  Very  often,  and  generally,  as 
high  as  $150  per  light  per  annum? 

A.  I  think  I  have  known  of  cases 
lis  high  as  that. 

Q.  Isn't  it  a  fact  that  at  the  time 
when  that  lamp  was  in  the  height 
of  its  glory  in  this  country,  that  is, 
in  most  use,  that  the  standard  price 
for  it  was  about  $18  a  month,  $216 
per  year? 

A.  I  don't  know;  in  some  places 
the  price  was  a  great  deal  lower  than 
(hat. 

Q.  Don't  you  think  that  the  pres- 
ent 6.6  ampere  light  tends  very 
strongly  in  the  line  of  giving  bet- 
ter distribution,  greater  steadiness 
and  softer  light,  devoid  of  glare  and 
shadows? 

A.     Well,  as  I  said  before,  if  you 


i66 


RB-RE-DIRECT   EXAMINA  TION— MARKS. 


take  an  open  arc  lamp  of  good  type, 
provide  it  with  suitable  carbons,  and 
operate  it  under  good  conditions,  and 
place  it  properly  with  reference  to 
the  lighting  of  the  streets,  I  think 
that  so  far  as  the  candle  power  de- 
livered is  concerned,  you  will  beat 
the  6.6  ampere  la)np  out  every  time, 
completely;  I  think  a  fair  propor- 
tion for  the  relative  candle  power  de- 
livered would  be  about  two  or  two 
and  a  half  to  one  in  favor  of  the 
open  arc.  I  don't  mean  by  that, 
for  one  moment,  however,  that  the 
old  open  arc  as  commonly  used,  was 
better  for  street  lighting  purposes 
than  the  present  enclosed  arc,  even 
of  the  type,  used  here  on  the  streets 
which  I  consider  one  of  the  poorest 
types  of  enclosed  arcs. 

Q.  You  were  kind  enough  this 
morning  to  say  that  you  felt  that 
this  system  here,  6.6,  was  kept  up 
well. 

A.  I  didn't  say  it  was  kept  up 
well.  J  told  you  about  my  impres- 
sion when  I  looked  over  the  lamps 
here  the  other  night.  I  judge  from 
the  reports  that  it  has  not  been  kept 
up  very  well.  From  my  observa- 
tions here  these  last  fezv  evenings 
I  consider  it  is  first-rate  for  a 
6.6  ampere  system. 

Q.  Did  you  pay  any  attention  to 
this  slight  zephyr  that  swept  through 
the  city  here  last  Friday? 

A.  Yes;  that  ivas  very  hard  on 
ore  lamps. 

Q.  And  that  would  he  pretty  hard 
on  open  arc  lamps? 

A.  It  would  be  harder  on  them, 
yes. 

Q.  Don't  you  consider  that  $66 
is    a    very    low    rate    for    street    arc 


lighting,    all    night,    with    no    moon- 
light service? 

A.  Regardless  of  any  question  of 
cost  of  labor,  or  what  part  of  the 
country,  and  so  on,  I  think  it  is 
low  for  an  average  rate. 

Re-Re-Direct  Examination  by 
Mr.  Robinson. 

Q.  Now,  Mr.  Marks,  if  you 
would  base  the  rate  of  $5.50  per 
month  per  light  upon  the  fact  that 
it  is  a  part  of  the  contract  between 
the  City  and  the  Company,  under 
which  the  Company  used  the  City's 
water  system  to  generate  its  cur- 
rents, and  that  part  of  the  current 
which  was  used  in  the  street  light- 
ing, and  for  which  $5.50  per  month 
was  paid,  was  less  tlian  one-tenth  of 
the  entire  current  generated,  would 
you  then  think  $5.50  a  low  rate? 

A.  Under  those  circumstances  it 
might  be  a  very  high  rate. 

Question  by  Arbitrator: 

Q.  In  regard  to  the  relative  mer- 
its of  alternating  lamps  and  direct 
current  lanips  for  illuminating  the 
streets,  in  whicli  illumination  would 
you  rather  drive  a  horse  or  an  auto- 
mobile; that  furnished  by  the  open 
arc  lamp  with  clear  globe,  as  it 
was  commonly  installed,  or  the  pres 
ent  system  that  is  used  here  now? 

A.  Taking  the  open  arc  as  it  was 
used  in  a  great  many  cases,  the  lamp 
hung  lo%\.\  near  the  ground,  I  would 
ihoose  the  enclosed  arc  with  opales- 
cent globe, — not,  however,  such  as 
is  used  here — nrry  time;  but  if  you 
mounted  the  open  arc  at  a  proper 
height,  to  give  you  the  fairly  wide 
distribution  that  you  desire,  in  Tvhich 
case  the  difference  bctiveen  the  ma.vi 
mum  and  minimum  illumination  of 
the    street    would    not    be    so    great 


QUESTION   BY  ARBITRATOR— MARKS. 


167 


then  I  should  say  that  the  advantage 
in  favor  of  the  enclosed  arc  would 
not   be  so  great. 

Q.  Getting  at  it  from  the  illum- 
inated engineering  standpoint  en- 
tirely, unless  the  direct  current  lamp 
were  furnished  and  fitted  with  a 
diffusing  globe  of  some  kind,  the 
shadows  would  be  much  sharper, 
would  they  not? 

A.  No,  not  very  much  sliarper, 
if  you  used  a  small  carbon.  Of  course 
you  know  that  there  is  no  arc,  or  at 
least  so  far  as  I  know  there  has 
been  no  arc  that  has  been  more 
abused  than  the  old  open  arc  lamp. 
It  has  been  hung  on  circuits  and 
allowed  to  run  itself;  furnished  with 
carbons  that  zoere  unfit  for  use  in 
any  decent  electric  lamp;  unclean: 
and  as  a  result  of  such  practice  the 
open  arc  has  gotten  a  very  bad  name. 
There  is  undoubtedly  an  advantage 
tn  favor  of  the  enclosed  arc.  used 
with  opal  globes,  from  the  stand- 
point of  intrinsic  brilliancy  of  the 
light,  which  zcould  count  for  some- 
thing in  street  illumination  under  the 
conditions  zvhich  you  name.  I  don't 
z^Hint  to  go  into  any  fine  spun  theo- 
ries or  bring  in  technicalities,  but  a 
good  deal  would  depend  upon  the 
speed  of  the  automobile  you  are 
talking  about;  if  you  come  along  in 
an  automobile  at  a  speed  of  a  few 
miles  an  hour,  why  that  is  one  thing; 
while  if  you  spin  along  at  a  forty 
mile  gait,  that  is  another. 

Q.  I  had  reference  to  an  ordi- 
nar>-  kind  of  driving? 


A.  IV ell,  as  used  along  the  coun- 
try roads,  the  old  open  arc  lamps 
hanging,  as  they  often  were,  low, 
were  certainly  unsatisfactory  from 
that  point  of  view,  and  in  such  cases 
if  they  were  replaced  by  an  enclosed 
arc  lamp,  of  the  proper  kind,  using 
opaline  globes,  an  advantage  would 
be  gained. 

Q.  In  the  alternating  arc  lamp 
doesn't  the  reflector,  to  a  consider- 
able extent  remove  the  shadows  that 
were  objectionable  in  the  open  arc? 

A.  To  some  extent^  yes;  but  after 
all,  if  you  put  a  reflector  over  the 
old  open  arc,  it  would  serve  quite  the 
same  purpose.  If  you  will  examine 
Professor  Matthews'  curve  of  the 
open  arc,  in  evidence  here,  {and  my 
ozi'n  experience  verifies  his  results) 
you  will  find  that  with  the  lamp  op- 
erated in  this  way,  you  would  prac- 
tically cut  your  shadows  below  the 
arc.  if  you  used  the  reflector  at  the 
proper  point.  In  the  alternating  cur- 
rent enclosed  arc  lamp,  although  you 
have  a  reflector  you  must  remember 
that  the  arc  itself  is  very  often  in 
the  center  of  the  carbon  tips;  the  tips 
burn  to  square  ends:  that  means  that 
you  are  going  to  have  a  very  marked 
shadozs.'  underneath  the  lamp.  If  you 
zinll  look  out  in  the  streets  of  this 
city  you  will  find  that  the  shadow  un- 
derneath the  arc  in  this  alternating 
current  system,  even  zvith  the  re- 
flector, is  at  times  worse  than  that 
zvhich  you  zvill  find  under  direct  cur- 
rent arc  lamps,  operated  in  the  zvay 
that  I  have  stated. 

Witness  excused. 


i68 


DIRECT    EXAMINATION— ADAMS. 


Mr.  ALTON  D.  ADAMS,  being 
first  duljf  sworn,  in  behalf  of  the  city, 
testified  as  follows,  to  wit: 

Examination  by  Mr.  Robinson. 

Q.  Mr.  Adams,  have  you  read 
Section  9,  of  an  Ordinance  of  this 
city,  passed  on  the  8th  of  September, 
1898,  and  the  one  involved  in  this 
controversy  ? 

A.    I  have. 

Q.  I  will  call  your  attention  to  the 
words  "such  arc  lights  of  standard 
2000  candle  power  each"  as  found  in 
that  Section  9,  and  ask  you,  in  the  ab- 
sence of  any  agreement  or  under- 
standing between  the  parties  to  said 
Ordinance  at  the  time  of  its  passage, 
what  in  your  opinion  is  the  light 
called  for  by  those  words? 

A.  My  opinion  is  that  the  light 
called  for  by  those  words  is  the  light 
given  and  delivered  by  an  open  arc 
lamp,  operating  with  a  direct  current 
of  9.6  to  10  amperes,  and  45  to  50 
volts. 

Q.  That  would  be  in  your  opinion 
the  technical  interpretation  of  the 
words,  as  defined  and  distinguished 
from  the  plain  English  ? 

A.  Exactly;  those  words,  2000 
candle  power,  had  come  to  have  a 
special  meaning  in  the  art  at  and  be- 
fore the  time  to  which  you  call  my 
attention,  and  that  meaning  was  an 
open  arc  lamp,  taking  about  the  am- 
peres and  volts  mentioned;  that  is, 
from  450  to  500  watts,  and  nothing 
else,  in  my  opinion. 

Q.  What  would  you  say  would  be 
the  maximum  candle  power  of  the 
light  which  you  have  described? 

A.  The  maximum  candle  power  of 
one  of  the  lamps  that  come  under 
that  general  description,  may  be  var- 
ied between  very  considerable  limits, 


by  different  sizes  and  qualities  of 
carbon,  and  by  different  adjustments 
of  the  lamp  itself;  but  replying  as 
nearly  as  I  can  to  your  question,  I 
will  say  that  1200  candle  power  is  a 
fair,  conservative  estimate  for  the 
maximum  light-giving  quality  of  a 
lamp  of  that  type;  that  is,  the  inten- 
sity of  light  emitted  in  the  direction 
where  it  was  the  greatest. 

Q.  What  in  your  opinion  is  the 
maximum  candle  power  of  the  alter- 
nating current  enclosed  arc  lamps, 
taking  6.6  amperes,  such  as  are  in  use 
upon  the  streets  of  this  city  at  this 
time  ? 

A.  Again,  in  the  statement  of  a 
maximum  candle  power,  it  can  only 
be  stated  provisionally ;  but  I  should 
say  that  400  candle  power  was  a  fair 
medium  figure  for  the  maximum  for 
a  lamp  of  that  type. 

Q.  Will  you  explain  to  the  Board 
the  sources  of  light  in  the  direct  cur- 
rent open  arc  lamp ;  whether  it  comes 
from  the  carbons,  and  if  so,  how? 

A.  The  principal  source  of  light 
from  the  open  arc  lamp  is  the  heated 
ends  of  the  carbons,  and  furthermore 
nearly  all  of  that  light,  perhaps  ninety 
per  cent,  of  it,  comes  from  the  heated 
end  of  what  is  known  as  the  positive 
carbon,  which  is  usually,  but  not 
necessarily,  the  upper  carbon,  but  it 
is  necessarily  the  carbon  from  which 
the  current  flows,  and  the  carbon 
into  zvhich  the  current  flows  being 
knoivn  as  the  negative  carbon,  usually 
the  lower  one;  the  arc  itself  has  but 
little  light-giving  power  in  the  ordin- 
ary open  arc.  The  reason  that  the 
upper  carbon  gives  the  great  body  of 
light  that  the  lamp  affords  is  that  the 
temperature  of  the  carbon  point  is 
very  materially  higher  at  the  end  of 
the  positive  carbon  where  the  crater 


DIRECT    EX  AMI  N  A  TIOX— ADAMS. 


169 


is  formed  than  it  is  at  the  end  of  the 
negative  carbon  where  the  point  is 
formed,  opposite  to  the  crater  on  the 
positive  carbon.  Of  course  the  great- 
er temperature  to  which  you  raise  the 
carbon,  the  more  light  is  emitted  per 
square  inch.  You  get  so  much  light 
per  unit  of  square  surface,  heated  to 
a  certain  temperature ;  and  the  crater 
of  a  positive  carbon  is  heated  to  a 
temperature  so  much  greater  than 
that  of  the  negative  carbon  that  it 
succeeds  in  throwing  out  most  of  the 
light  of  the  lamp. 

Q.  Speaking  of  the  9.6  and  10  am- 
pere direct  current  open  arc  lamps, 
tell  the  Board  something  about  the 
use  of  that  lamp  to-day? 

A.  Well,  the  direct  current  open 
arc  lamps,  called  the  1,200  candle- 
power  and  the  2,000  candle-power 
lamps,  were  of  course  for  many  years 
the  only  lamps  in  general  use  for 
street  lighting.  At  the  present  day 
they  have  been  displaced  in  a  very 
large  number  of  pLjnts.  It  is  per- 
haps correct  to  say  that  in  the  major- 
ity of  plants  they  have  been  displaced 
with  one  form  or  other  of  the  en- 
closed arc  lamp.  The  Gas  and  Elec- 
tric Light  Commissioners  of  Massa- 
chusetts compile  each  year  from 
sworn  reports  a  large  amount  of 
statistics  with  reference  to  the  elec- 
tric light  stations  operating  in  the 
State  of  Massachusetts.  Their  figure 
for  the  number  of  enclosed  arc  lamps 
as  reported  by  the  companies  in  use 
in  that  State  on  June  30,  1899,  was 
4,300;  that  number  includes  the  lamps 
used  in  so-called  commercial  light- 
ing, and  on  the  streets.  The  report 
of  the  same  Board  for  June  30,  1900, 
gi7'es  the  number  of  open  arc  lamps 
in  use  by  the  electric  companies  of 
Massachusetts  as  11,367,  and  the  num- 
ber of  enclosed  arc  lamps  of  all  types, 


both  direct  and  alternating,  was 
11,988.  The  report  of  the  Gas  and 
Electric  Light  Commissioners  of 
Xeii'  York  gives  the  number  of  open 
arc  lamps  for  use  on  the  streets  in 
New  York  State  in  the  year  1905  as 
9,298,  shozving,  as  I  understand  the 
figures,  that  that  lamp  still  occupies  a 
very  important  position  in  numbers  in 
the  lighting  field. 

Q.  Please  state  what  in  your  opin- 
ion is  the  cause  of  the  change  from 
the  open  to  the  enclosed  lamp? 

A.  The  great  cause  of  the  change, 
in  my  opinion,  is  the  fact  that  the  en- 
closed arc  lamp,  and  particularly  the 
altertiating  current  enclosed  arc  lamp, 
can  be  operated  more  cheaply  than 
the  open  arc  lamp.  There  is  also  a 
difference  in  the  matter  of  the  cost 
of  the  plant,  but  the  greater  differ- 
ence comes  in  the  constant  cost  of 
operation,  which  is  very  decidedly  in 
favor  of  the  enclosed  alternating  arc 
lamp.  The  companies  have  natur- 
ally wanted  to  cut  down  their  ex- 
penses as  much  as  they  could,  and 
they  have  selected,  as  I  believe,  with 
very  little  knowledge  or  demand  on 
the  part  of  the  public  for  a  different 
type  of  illumination,  the  alternating 
enclosed  arc  lamp,  because  it  could 
be  operated  more  cheaply.  There  is 
an  abundance  of  quotations  that 
might  be  made  from  the  proceedings 
of  the  Electrical  Association  in  which 
these  reasons  that  I  have  fust  given, 
have  been  reiterated  again  and  again 
by  electrical  men  themselves  as  the 
moving  causes  for  the  substitution  of 
the  enclosed  alternating  arc  lamp  for 
the  direct  current  open  arc  lamp. 

Q.  Can  you  furnish  anything  of 
that  kind  from  the  General  Electric 
Company  ? 

A.     I   could   make   a   quotation    of 


•70 


DIRECT    EXAM  I. \' A  TION— ADAMS. 


that  kind  from  Professor  Elihu 
Thompson,  the  great  electrical  engi- 
neer and  inventor  of  the  General 
Electric  Company.  It  is  a  state- 
ment in  a  paper  published  by  the 
National  Electric  Light  Association, 
as  a  part  of  the  proceedings  of 
its  Chicago  Convention  in  1903, 
entitled  "Notes  on  the  Enclosed 
Arc."  It  reads;  "The  enconomy 
of  light  production  in  the  en- 
closed arc  lamp  cannot  be  expected 
to  approach  that  of  the  open  arc, 
and  for  several  reasons.  For  a 
given  energy  in  the  arc  the  current 
is  smaller,  and  the  arc  flame  longer, 
ivith  higher  voltage.  This  means 
that  more  of  the  energy  goes  into 
the  flame,  as  compared  xvith  that 
■which  heats  the  carbon  ends.  The 
crater  surface  is  therefore  smaller. 
and  as  the  arc  flame  itself  is  a  poor 
source  of  light,  as  compared  zvith  a 
hot  solid  carbon  surface,  the  in- 
creased arc  length  in  the  enclosed 
arc  contributes  but  little  to  the  illu- 
minating power."  "The  lower  effi- 
ciency in  relation  to  the  open  arc 
(he  is  speaking  now  of  the  enclosed 
arc)  is  shown  to  be  Unavoidable, 
but  must  be  taken  as  compensated 
for  by  the  longer  burning  zoithout 
retrimming,  lessening  the  cost  of 
carbons,  as  well  as  the  labor  and 
inconvenience." 

Q.  Do  you  know  of  any  instance 
where  the  6.6  ampere  alternating  en- 
closed arc  lamp  has  been  sul)Stitute(l 
for  the  old  9.6  ampere  direct  cur- 
rent open  arc,  in  the  same  contract? 

A.     I  know  of  no  such  instance. 

Q.  Do  you  know  of  any  instance 
where  the  6.6  ampere  alternating  cur- 
rent enclosed  lamp  has  been  substi- 
tuted for  what  was  termed  the  old 
half    arc    direct    current,    open    arc? 


A.  I  don't  happen  to  recall  any 
such  instance. 

Q.  Did  you  ever  know  of  a  case 
where  a  party  or  company  had  a  con- 
tract which  required  the  light  of 
the  9.6  ampere  direct  current,  open 
arc,  where  he  or  it  attempted  to  ful- 
fill that  contract  by  the  light  of  the 
6.6  ampere  alternating  current  en- 
closed arc? 

A.     I   never   did. 

Q.  Do  you  know,  or  have  you 
known  of  any  arc  lamps  of  actual 
2,000  candle-power? 

A.  Well,  I  have  tested  direct  cur- 
rent open  arc  lamps  using  30  am- 
peres. I  did  that  back  in  the  eighties, 
in  the  Brush  factory,  but  candle- 
power  measurements  of  arc  lamps 
in  those  days  were  very  scattering; 
I  don't  know  what  they  measured, 
but  I  should  think  that  possibly  30 
ampere  open  arc  lamps  in  good  oper- 
ative condition,  with  proper  size  car- 
bons, and  all  that  sort  of  thing, 
might  have  measured  up,  probably 
2,000  mean  spherical  candle-power. 

Q.  So  the  maximum  would  be 
I)eyond    that? 

A.  Oh,  yes,  the  maximum  ivoutd 
be   far   beyond   that. 

Q.  Haven't  you  known  of  lamps 
of  that  kind  being  used  for  lighting 
streets? 

./.  Though  not  positive,  my  rec- 
ollection is  that  in  one  or  more  of 
the  early  plants  some  of  the  30- 
ampere  open  arc  lamps  were  used 
in  connection  with  towers — and  by 
towers  I  mean  very  tall  iron  masts 
or  poles,  constructed  as  they  usually 
were  of  boiler  iron,  that  ran  up  to 
a  height  of  a  hundred  feet  or  more. 

Cross  -  examination  by  Mr. 
Schuyler. 


CR0SS-EX.4ML\ATJ0.\— ADAMS. 


171 


Q.  But  this  2,000  candle-power 
lamp  was  not  in  any  sense,  or  was 
not  in  any  general  sense,  used  for 
street   lighting? 

A.  No,  it  never  was  in  any  gen- 
eral use. 

Q.  Was  it  known  as  a  commer- 
cial   2,000    candle-power    lamp? 

A.  Oh,  no;  the  lamp  that  has  al- 
zvays  been  known  generally  as  a  2,000 
candle-power  lamp,  is  the  lamp  tak- 
ing about  450  watts  of  direct  current 
at  the  open  arc,  and  no  other. 

Q.  The  measurement  of  what  was 
being  sold  and  contracted  for  in  the 
way  of  lighting  purposes,  was  power 
measured  in  watts,  was  it  not? 

A.  No,  sir;  it  was  the  light  given 
by  a  lamp  taking  a  certain  power, 
of  a  certain   kind  of  current. 

Q.  You  said,  as  I  understood  you, 
that  the  light  under  consideration  by 
the  National  Association  when  this 
matter  was  defined,  was  the  direct 
current,  open  arc  lamp? 

A.    It  was  so. 

Q.  Did  they  not  also  consider  the 
alternating  current  lamp? 

A.  The  alternating  current  lamp 
formed  no  part  of  that  resolution. 
Because  somebody  probably  got  up 
and  made  some  remarks  about  it, 
that  doesn't  put  it  into  the  resolu- 
tion. 

Q.  If,  Professor  Anthony,  in 
making  the  statement  concerning  this 
resolution,  said  that  the  alternating 
current  arc  lamp,  which  was  adjust- 
ed to  use  450  watts,  was  included 
m  this  resolution,  that  this  is  the 
best  official  record  of  the  under- 
standing had  at  that  time,  when  the 
matter  was  under  specific  discussion 
in  that  convention;  isn't  that  true? 


A.  As  nearly  as  I  can  answer  that 
question  is  to  say  that  the  remark 
of  any  one  member  of  the  committee, 
or  any  one  attendant  on  that  conven- 
tion, could  not  pass  or  fix  a  reso- 
lution, or  put  anything  into  it. 

Q.  On  page  283  of  the  Proceed- 
ings we  find  that  discussion  without 
contradiction ;  the  President  then  put 
the  question,  on  page  294,  and  it  was 
adopted  after  he  had  made  this  state- 
ment, he  being  a  member  of  the 
committee? 

A.  My  recollection  of  the  state 
of  the  art  at  that  time,  was  that  one 
company  was  tinkering  away  in  its 
factory,  trying  to  bring  out  an  open 
arc  lamp,  operated  with  alternating 
current,  and  I  am  unable  to  bring 
myself  to  believe  that  the  body  of 
men  in  that  convention  who  adopted 
that  resolution,  ninety-nine  out  of  a 
hundred  of  which  had  probably  never 
seen  an  alternating  arc  lamp,  or  tried 
to  operate  one,  had  any  idea  that 
when  they  passed  that  resolution  that 
they  were  saying  that  an  alternating 
arc  lamp,  using  450  watts,  zuas  the 
same  thing  as  the  old  familiar  time- 
ivnrn  lamp  operated  with  450  watts 
with  direct  current.  I  will  say, 
".loreover,  that  Professor  Anthony,  in 
this  connection,  referred  to  the 
IVestinghouse  Company  having  ad- 
justed these  lamps  to  500  watts. 

Q.  But  certainly  there  was  noth- 
ing in  this  resolution  that  specifi- 
cally referred  to  the  direct  current 
open   arc  lamp,   was   there? 

A.  That  is  true,  but  in  giving  you 
my  understanding,  and  as  an  expert. 
I  have  to  base  that  understanding 
on  the  conditions  at  the  time,  and 
understand  those  words  with  refer- 
ence to  the  conditions  under  which 
they  were  used. 


CROSS-HXAMINATIOX— ADAMS. 


Q.     But  this  volume  is  the  official 
record  of  what  took  place,  is  it  not? 
A.     I  believe   il   to  be  so.  . 

Q.  And  the  whole  theory  of  that 
convention  was  to  eliminate  the  des- 
ignation of  lamps  as  2,000  and  1,200 
candle-power,  and  to  get  down  to 
the  proposition,  as  Mr.  Brophy  stated 
it,  "that  the  sooner  you  sell  your 
light  as  power,  the  sooner  this 
trouble  will  end,"  meaning  by 
''trouble"  the  difficulty  arising  from 
those  terms  of  2,000  and  1,200  candle- 
power  ? 

A.  I  believe  that  the  adopting  of 
that  resolution  zvas  to  aid  in  bring- 
ing about  a  state  of  practice,  as  to 
arc  light  contracts,  in  which  the  con- 
tracting companies,  the  lighting  com- 
panies, would  agree  to  sell  the  light 
developed  in  a  particular  type  of 
lamp,  that  is,  in  the  open  arc  direct 
current  lamp,  by  a  certain  amount  of 
pozver.  I  don't  think  it  is  accurate 
to  say  that  the  resolution  meant 
merely  to  bring  about  a  condition 
where  they  would  sell  so  much  pozv- 
er, and  call  it  light,  because  it  is  con- 
ceivable, and  entirely  possible  to  use 


450    watts    in    a    lamp    and    not    get 
much  of  any  light. 

Q.  Well,  isn't  it  a  fact  that  this 
6.6  ampere  light,  enclosed  arc,  is 
coming  into  general  use;  that  com- 
parisons were  made  in  many  cities 
all  over  the  country  for  actually 
placing  lamps  of  one  type  as  against 
the  other  lamps? 

A.  I  think  there  was  some  of  that 
done. 

Q.  And  don't  you  remember,  that 
at  those  times  the  cities  very  gen- 
erally accepted  the  6.6  ampere  light 
as  a  preferable  light  to  the  old  type? 

A.    No,  sir,  I  do  not. 

Q.     You  cannot  name  an  instance? 

A.    No. 

Q.  Do  you  remember  the  time  of 
a  general  rate  all  over  the  country 
of  $150  per  annum  for  arc  lights? 

A.  There  never  was  any  such 
general  rate  all  over  the   country. 

Q.     You  say  they  didn't  get  $150; 
tell  us  what  they  did  get? 
A.     They  got  all  sorts  of  prices. 
Witness  excused. 


RE-EX  AM  IN  A  T  ION— MARKS. 


173 


Mr.  LOUIS  B.  MARKS,  being  re- 
called in  behalf  of  the  city,  testified 
as  follows,  to  wit: 

Examination  by  Judge  Robin- 
son. 

Q.  Mr.  Marks,  there  was  some 
question  asked  you  on  cross-exami- 
nation concerning  the  invention  of 
the  enclosed  arc  lamp ;  please  state 
to  the  Board  who  invented  that? 

A.    I  am   the   inventor. 

Q.  And  I  think  some  statement 
was  made  that  the  lamp  was  being 
developed,  or  had  been  developed  by 
the  General  Electric  Company;  is 
that   true  ? 

A.  Oh,  certain  forms  of  the  arc 
lamp  were  improved,  but  all  of  the 
lamps  which  they  put  upon  the  mar- 
ket are  put  upon  the  market  under 
the  Marks  patents. 

Q.  And  the  lamp  has  been  devel- 
oped under  the  patent  issued  to  you? 

A.  They  acquired  the  patent  since 
the  early  work  of  development. 

Q.     Yes,  but  it  is  the  patent  issued 
to  3'ou  as  the  basis  of  it? 
A.     Yes. 

Q.  Does  that  apply  to  all  en- 
closed arc  lamps? 


A.  It  applies  to  all  commercial 
enclosed  arc  lamps. 

Cross  -  examination  by  Mr. 
Schuyler. 

Q.  There  were  a  great  many 
people  about  this  same  time  claim- 
ing a  patent  on  the  enclosed  arc 
lamps,  were  there  not? 

A.  Why,  there  were  some  that  I 
discovered  later  on  that  claimed  an- 
ticipations, but  the  General  Electric 
Company  took  about  three  years' 
time  to  look  into  those  anticipations 
and  found  there  zvas  nothing  in  them, 
and  purchased  the  basic  patent  for 
quite  a  considerable  sum  of  money. 

Q.  The  patent  that  you  had,  was 
it  on  the  mechanism  of  the  lamp  or 
was   it  on   the   enclosing  globe? 

A.  The  patent  covered  the  method 
of  operation,  zvhich  was  necessary 
for  the  successful  operation  of  all 
types  of  enclosed  arc  lamps. 

Q.  But  mechanically  this  lamp 
isn't  like  the  one  that  you  had  a 
patent  on. 

A.  In  effect  it  is;  the  general 
principle  of  the  lamp  is  about  the 
same. 

Witness  excused. 


1/4 


DIRECT    EXAM  IN  A  TI  OX— BELL 


DR.  LOUIS  BELL,  being  first 
duly  sworn  in  behalf  of  the  city,  tes- 
tified as  follows,  to  wit : 

Examination  by  Mr.  Robinson. 

Q.  Dr.  Bell,  have  you  read  Sec- 
tion 9  of  an  Ordinance  of  this  city, 
passed  on  the  8th  of  September,  1898, 
and  which  is  involved  in  the  con- 
troversy on  hearing? 

A.    I  believe  I  have,  yes. 

Q.  I  will  call  your  attention  to  the 
phrase,  "such  arc  lights  of  standard 
2,000  candle-power  each,"  found  in 
Section  9  of  the  Ordinance.  In  the 
absence  of  any  agreement  or  under- 
standing between  the  parties  to  said 
Ordinance  at  the  time  of  its  passage, 
as  to  the  meaning  of  that  phrase, 
what  in  your  opinion  is  the  meaning 
of  the  words  quoted? 

A.  In  the  absence  of  any  under- 
standing regarding  any  special  mean- 
ing to  be  put  upon  that  phrase,  there 
zvas  but  one  thing  to  which  at  that 
date  its  terms  could  possibly  apply; 
that  was  the  direct  current  open  arc, 
taking  about  9.6  amperes,  at  roughly 
45  to  50  volts.  That  was  the  only 
form  of  arc  lamp  in  general  use  at 
the  time  to  which  such  phraseology 
could  by  any  possibility  be  properly 
applied. 

Q.  And  that  you  would  say  would 
be  the  technical  interpretation  of  the 
words  as  distinguished  from  the  plain 
English   of   them? 

A.     Yes. 

Q.  What  would  you  say,  is  the 
maximum  candle-power  of  the  light 
from  the  lamp  which  you  have  de- 
scribed ? 

A.  It  was  never,  I  think,  up  to 
its  rating  of  2,000  candle-power, 
which  was  a  purely   nominal  value, 


but  in  point  of  fact  gave  somewhere 
about  1,200  candle-power  in  the  direc- 
tion   of    the    maximum    intensity. 

Q.  What  would  you  say  was  the 
mean  hemispherical  candle-power  of 
a   light   of  that  kind? 

A.  Somezvhere  about  600;  /  use 
the  term  a  little  indefinitely,  because 
the  quantify  itself  is  a  most  variable 
one. 

Q.  Are  you  acquainted  with  the 
6.6  ampere  alternating  current  en- 
closed lamp  that  is  now  in  use  in 
the   streets   of   this   city? 

A.     Oh,  yes. 

Q.  What  would  you  say  was  the 
maximum  candle-power  of  that  lamp? 

A.  That,  like  the  maximum 
candle-power  of  the  lamp  just  re- 
ferred to,  is  a  more  or  less  variable 
quantity,  but  I  should  say  in  the 
vicinity  of  400  candle-power. 

Q.  And  what  would  you  say  is 
tlie  mean  hemispherical  candle-power 
of  that  lamp? 

A.  Somewhere  in  the  vicinity  of 
300;  perhaps  that  would  be  a  rather 
liberal    estimate    than    otherwise. 

Q.  How  does  the  6.6  ampere  al- 
ternating cufrent  enclosed  lamp  com- 
pare with  the  9.6  open  arc  direct  cur- 
rent lamp,  as  a  light-giver? 

A.  As  the  figures  just  stated 
mould  indicate,  it  is  considerably  in- 
ferior to  it. 

Q.  Dr.  Bell,  have  you  heard 
quoted  during  the  hearing  of  this 
matter  a  certain  resolution  passed  by 
the  National  Electric  Light  Associa- 
tion, in   1894? 

A.     Yes,  several  times. 

Q.    Have  you  any  personal  knowl- 


DIRECT  EXAM  IN  A  TI  ON— BELL. 


175 


edge  of  the  agitation  which  led  up 
to  the  passage  of  that  resolution? 
A.    I  have. 

Q.  Pleas*  tell  this  Board  what 
that  was? 

A.  O-n'ing  to  the  fact  that  the 
so-called  2,000  candle-power  lamp 
gave,  as  I  have  indicated,  consider- 
ably less  light  than  its  reputed  rating, 
there  were  frequent  difficulties  be- 
tween those  supplying  and  those 
using  such  lights,  regarding  the  ques- 
tion of  candle-power.  Contracts 
were  drawn,  generally,  in  terms  of 
this  so-called  2,000  candle-pozver  arc, 
or  its  smaller  brother,  the  half  arc, 
so-called,  rated  at  1,200  candle-pozver. 
Difficulties  of  this  sort  became  so 
numerous  that  there  was  a  strong 
feeling  on  the  part  of  electrical  engi- 
neers, and  on  the  part  of  the  com- 
panies supplying  the  light,  that  a  dif- 
ferent basis  of  contract  should  be 
found;  a  basis  which  would  be  at 
least  definite  in  the  specification  of 
what  was  to  be  delivered,  and  which 
would  quite  reach,  once  for  all,  the 
alleged  2,000  candle-power  humbug. 

Q.  Was  that  2,000  candle-power 
a  hiunbug? 

A.  Yes,  it  was  I  personally  took 
an  active  part  in  this  agitation,  par- 
ticularly as  editor  of  the  Electrical 
World.  I  took  up  the  matter  with 
many  of  the  members  of  the  National 
Electric  Light  Association  and  I  think 
I  zvas  perhaps  the  first  one  to  publicly 
advocate  making  a  contract  for  arc 
lighting  by  rating  the  lamp  on  watts 
consumed  instead  of  on  an  entirely 
fictitious  value  of  the  candle-power. 
The  matter  finally  came  to  a  head 
at  this  convention  referred  to,  in  the 
resolution  which  has  been  read,  fol- 
loxving  up  two  or  three  years  of  good, 


hard  education  of  the  profession  and 
business,  toward  a  sounder  basis  of 
contracts;  and  at  that  time  the  res- 
olution finally  took  form.  I  need 
hardly  say  that  at  that  time  nobody 
had  anything  seriously  in  mind  as  a 
commercial  arc  except  the  open  arc 
direct  current  arc  lamp,  to  which  ref- 
erence has  been  made.  There  were  in 
1894  "0  alternating  arc  lamps  in  this 
country  zvhich  had  passed  beyond  the 
stage  of  dismal  and  rather  hopeless 
experimentation.  I  knew  them  well, 
such  as  they  were,  from  personal  ob- 
servation and  experience.  The  only 
alternating  arc  system  which  by  any 
stretch  of  courtesy  could  be  consid- 
ered at  all  even  fairly  in  experimental 
use  was  one  developed  by  the  West- 
inghouse  Company,  which  used  two 
carbons,  somewhat  smaller  in  cross- 
section  than  the  carbon  brushes  used 
on  dynamos  at  the  present  time;  the 
carbons  zvere  perhaps  tzvo  or  two  and 
a  half  inches  zvide,  between  which 
the  feeble,  intermittent  light  of  the 
open  alternating  arc  glowed  at  times. 
These  lights  zvere  run  in  an  experi- 
mental way,  and  soon  abandoned. 

In  1894,  then,  there  was  but  one 
lamp  in  the  minds  of  the  National 
Electric  Light  Association;  there  was 
but  one  kind  of  lamp  in  general  com- 
mercial use,  to  which  this  resolution 
could  possibly  have  applied,  and  that 
zvas  the  open  arc  lamp  of  the  ordi- 
nary kind  then  manufactured  and 
sold,  taking  about  9.6  amperes  and 
45  to  50  volts,  to-zvit,  450  watts,  at 
the  arc. 

I  tnay  further  state  that  if  any 
one  had  had  the  temerity  to  for- 
mally put  the  suggestion  of  alter- 
nating arcs  in  the  body  of  that  res- 
olution, I  know  that  it  could  not  have 
been  gotten  through  the  National 
Electric  Light  Association  in  a  month 


1/6 


DIRECT   EXAMINATION— BELL 


of  Sundays;  everybody  was  using  di- 
rect current  arcs,  and  most  of  the 
members,  I  think,  looked  with  some- 
thing akin  to  horror  at  the  doing 
of  anything  which  would  disturb  the 
equilibrium  of  their  business. 

Q.  Was  it  possible  for  the  Asso- 
ciation to  have  had  in  mind  the  lamps 
and  currents  being  used  to  light  the 
streets  in  this  city  now? 

A.    Absolutely   no. 

Q.  Isn't  it  true,  Dr.  Bell,  that  the 
National  Electric  Light  Association 
was  composed  chiefly  of  the  produc- 
ers of  electricity,  rather  than  the 
consumers  of  it? 

A.  The  full  membership  was  com- 
posed practically  entirely  of  those 
who  were  in  the  business  of  produc- 
ing and  selling  electricity.  It  was  then 
very  largely  composed  of  stations  of 
moderate  capacity,  inasmuch  as  the 
Edison  Company,  which  controlled 
lighting  in  many  of  the  large  cities, 
had  an  organization  of  its  own,  and 
desired  to  take  no  part  in  the  de- 
liberations of  the  National  Electric 
Light  Association,  and  did  not  do  so. 

Q.  Do  you  know  approximately 
how  many  lighting  companies  there 
were  in  the  United  States  at  that 
time,  which  would  have  been  eligible 
to  membership  in  the  National  Elec- 
tric   Light   Association  ? 

A.  No,  I  cannot  state  that;  a  good 
many  more  than  were  in  it. 

Q.  If  the  Electrical  World  should 
have  stated  at  about  the  time  of  the 
passage  of  this  resolution  in  1894 
that  there  were  2,000  companies  in 
the  United  States  that  were  eligible 
for  membership  in  the  Association, 
and  that  there  were  actually  but  150 


members  of  it,  would  you  take  that 
to   be  correct? 
A.    I  should  think  it  was. 

Q.  Then  is  it  not  true,  that  the 
resolution  was  passed  by  a  majority 
of  the  membership  interested,  practi- 
cally 150  out  of  a  total  of  2,000  com- 
panies  in  the  United   States? 

A.  On  the  statement  just  made  I 
should  judge  that  to  be  correct. 

Q.  Now,  isn't  it  true  that  the  pas- 
sage of  that  resolution  was  really 
caused  by  electric  lighting  companies 
having  executed  contracts  which  they 
found  it  practically  impossible  to  ful- 
fill? 

A.  I  wouldn't  like  to  go  so  far 
as  that;  this  question  had  cither  never 
been  raised,  or  had  been  amicably 
settled,  but  there  was  a  very  strong 
feeling  for  the  guarding  of  future 
contracts,  and  getting  the  business 
on  a  more  definite  basis  ivith  regard 
to  wording  contracts;  I  am  not  aivare 
that  those  who  were  specially  active 
in  passing  the  resolution  were  in  any 
trouble  themselves  under  the  terms 
of  existing  contracts.  I  rather  think 
not. 

Cross  -  Examination  by  Mr. 
Schuyler. 

Q.  I  ask  you  as  an  electrical  engi- 
neer if  you  would  advise  the  City  of 
Colorado  Springs  at  this  date  to  put 
in  the  old  type  of  9.6  ampere  direct 
current  arc  lamp   system? 

A.  I  decline  to  give  an  opinion 
in  any  way.  I  have  no  objection  to 
discussing  the  question,  but  what  ad- 
vice I  would  give  a  client  is  not  a 
part  of  this  issue,  and  I  would  rather 
beg  to  be  excused,  unless  the  Court 
desires. 


CROSS-EX  AM  IN  A  T I  ON— BELL. 


177 


Q.  Will  you  explain  that  to  us — 
the  conditions  militating  for  and 
against  such  a  system  at  this  date? 

A.  The  9.6  ampere  open  arc  lamp, 
when  properly  run, — and  by  properly 
I  mean  run  as  it  has  been  run  in 
this  country,  and  may  be  run  again 
in  some  modified  form — 

Q.  NQt  as  it  is  being  run  now, 
however  ? 

A.  I  am  not  prepared  to  say  it 
is  not  being  run  as  well  in  some 
places  as  it  ever  was — gives,  in  my 
opinion,  a  good  deal  more  effective 
service  under  favorable  conditions 
than  the  6.6  ampere  A.  C.  arc.  By 
that  I  do  not  mean  that  the  open  arc 
has  not  had  its  ozvn  troubles,  just 
as  the  enclosed  alternating  arc  has, 
nor  that  it  is  itself  free  from  all  ob- 
jections as  a  street  illuminant;  it 
does,  however,  when  properly  han- 
dled, give  a  tremendous  amount  of 
light,  compared  with  the  ordinary 
6.6  ampere  alternating  current  arc,  as 
the  figures  which  I  have  cited  already 
sufficiently  indicate.  The  6.6  ampere 
alternating  arc,  when  properly  run, 
is  unquestionably  a  good  light  for 
such  power  as  there  may  be  in  it.  It 
has  certainly  practical  and  commer- 
cial merits  which  have  brought  it 
into  prominence ;  as  a  street  illumi- 
nant, barring  cases  where  arcs  must 
necessarily  be  hung  very  low  on  ac- 
count of  overhanging  trees,  and  sim- 
ilar exceptional  conditions  which  may 
at  times  arise  with  respect  to  the 
employment  of  any  illuminant,  the 
9.6  ampere  open  arc  certainly  out- 
classes in  its  general  effectiveness, 
purely  from  the  standpoint  of  the 
Persons  who  are  receiving  light,  the 
alternating  arc  in  question. 

It  is  perfectly  true  that  the  alter- 
nating  arc    has   been   a   very    useful 


illuminant,  indeed;  it  very  likely  will 
continue  to  be  so;  but  it  simply  has 
not  got  the  light-giving  power  of 
the  light  in  question,  and  when  it  has 
been  used  to  supersede  the  open  arc, 
I  think  there  has  generally  been  a 
nezi)  arrangment  whereby  a  new  light 
was  furnished  at  a  new  price,  under 
a   new   contract. 

Q.  Would  you  advise,  at  this  date, 
any  city  to  put  in  the  9.6  ampere 
direct  current  open  arc  light;  and  if 
so,  under  what  conditions  would  you 
or  would  you  not,  and  if  so,  when? 

A.  I  certainly  would,  under  cer- 
tain conditions.  If  a  city  is  fairly 
clear  of  trees,  so  that  it  can  hang 
its  arcs  in  reasonably  advantageous 
positions,  and  if  it  is  reasonably  sure 
that  the  operating  company  will  take 
hold  in  good  faith  and  make  good 
with  whatever  arcs  it  chooses,  and 
the  citizens  want  to  get  a  powerful 
illumination  in  the  streets,  making 
brilliant  lighting,  I  should  have  no 
hesitation  in  saying  that  as  against 
a  6.6  ampere  A.  C.  light  on  equal 
spacings,  they  would  do  better  to  use 
the  9.6  ampere  open  arc.  On  the 
other  hand,  my  preference  would  be, 
if  the  case  of  choice  arose  in  a  city, 
to  use  neither  of  these  lights  for 
the  purpose  of  brilliant  illumination, 
but  rather  the  direct  current  enclosed 
arc,  such  as  we  are  using  in  Boston, 
which  takes  500  watts,  per  contract, 
with  a  minimum  requirement,  I  be- 
lieve, of  480,  per  lamp. 

If  I  were  going  to  use  the  6.6  am- 
pere A.  C.  arc,  I  should  want  the 
privilege  of  putting  in  a  good  many 
more  of  them,  and  spacing  them 
rather  closely,  particularly  in  a  city 
that  has  a  good  many  trees.  Where 
they  are  willing  to  pay  enough  to 
get  proper  illumination  on  the  street. 


17S 


CROSS-nXAMINA  T I  ON —BULL. 


these  lainhx  zvill  do   and  are  doing 

(idiiiirably. 

Q.  What  do  yoit  say  as  to  the  yyi 
ampere  alternating  current  enclosed 
arc? 

A.  The  T^/2  alternating  current  arc 
is  a  different  proposition  altogether 
from  the  6.6  ampere;  it  is  a  very 
much  more  effective  light. 

Q.  Wouldn't  you  recommend  a 
7V2  ampere  alternating  current  en- 
closed arc  in  preference  to  the  old 
type  of  9.6  ampere  direct  current 
open  arc  under  similar  conditions? 

A.  From  experience  I  feel  per- 
fectly sure  that  the  high  pozver  D.  C. 
enclosed  arc  lamp  can  successfully  re- 
place the  9.6  ampere  open  arc  as  a 
street  illuminant,  light  for  light.  Per- 
sonally, I  prefer  it  on  account  of  its 
steadiness.  If  I  were  going  to  put 
in  the  7l4  ampere  alternating  en- 
closed arcs  to  replace  the  9.6  ampere 
open  arcs — which  we  did  in  my  own 
town  of  Brookline — /  should  be  dis- 
posed to  do  very  much  what  we  did, 
space  ihcm  somewhat  nearer,  but 
I  should  feel  that  I  was  getting  a 
thoroughly  good  light,  and  one 
which,  zvith  a  little  care,  could  suc- 
cessfully replace  the  open  9.6  ampere 
arc,  with  improvement  in  steadiness. 

Q.  Isn't  it  a  fact  that  the  entire 
endeavor  of  the  illuminating  engi- 
neering profession  has  been  toward 
securing  the  greatest  steadiness  of 
light,  and  the  best  distribution  of 
it,  devoid  of  glare,  and,  as  far  as 
possible,   of   shadows? 

A.  That  is  certainly  a  very  impor- 
tant feature  of  our  work  in  interior 
lighting.  In  exterior  lighting,  of 
course,  the  question  of  diffusion,  if 
the  lights  are  properly  placed,  is  not 
as   important;    but    T  will  say   xi'ifh 


perfect  frankness  that  I  prefer  the 
enclosed  arc  on  the  question  of  stead- 
iness, and  zvould  not  and  do  not  hes- 
itate   to    recommend    its   use. 

Q.  Now,  wouldn't  an  opalescent 
globe  on  an  A.  C.  arc  lamp  increase 
its  efficiency? 

A.  A  globe  can't  increase  the  effi- 
ciency of  an  arc  light,  but  it  would 
improve  the  distribution  undoubtedly. 

Q.  And,  of  course,  the  candle- 
power? 

A.  Its  useful  candle-power,  some- 
zi'hat;  not  to  any  extent  that  I  should 
consider  important — that  I  zvould 
consider  a  factor. 

Q.  Did  you  make  any  tests  of 
those  lights  here  in  Colorado 
Springs  ? 

A.    No. 

Q.     Just  had  a  visual  observation 
of  them? 
A.     Yes. 

Q.  Can  you  tell  the  difference  by 
visual  observation  between  an  A.  C. 
arc  lamp  using  7^  amperes  at  480 
watts,  and  a  6.6  ampere,  consuming 
the  same  amount? 

A.  The  eye  has  no  effective  mem- 
ory, but  if  you  had  the  lamps  up  side 
by  side,  you  zvould  find  the  difference 
mighty   quick. 

Q.  Without  them  side  by  side, 
could  you  walk  into  a  city  and  tell 
when  they  were  both  carrying  the 
same  voltage  or  the  same  wattage? 

A.  I  could  come  pretty  near  it,  I 
think;  it  zvould  simply  amount  to 
this,  that  if  the  lights  of  the  7^  am- 
peres happened  to  be  dozvn  a  little 
in  voltage,  you  might  not  be  able  to 
tell  the  difference  bcfzvrrn  one  li.ght 


CROSS-EX  AMIN  A  T I  OK— BELL. 


179 


and   the  other,   but   if  you   had  two 

streets,  one  with   one  lamp  and  one 

with  the  other,  you  can  tell  the  dif- 
ference very  quickly. 

Q.     How  much  of  a  difference? 

A.  A  very  appreciable  difference; 
the  yYi  ampere  lamp  has  quite  a 
whiter  light  than  the  6.6  ampere, 
worked  at   a   higher  voltage. 

Q.  Now,  can  you  make  a  test  of 
one  lamp  in  a  city,  on  one  circuit, 
and  call  that  a  fair  test  as  to  all 
the  lamps  in  the  city,  when  there 
are  perhaps  four  or  five  other  dif- 
ferent circuits? 

A.  I  think  I  should  try  to  get  a 
chance  to  test  quite  a  few  more  than 
one  lamp. 

Q.  Wouldn't  this  be  a  very  fair 
way  to  get  at  the  average  of  what  the 
lamps  in  this  city  are  doing — if  the 
companj-  knows  the  efficiency  of  the 
machinery  of  its  plant,  and  can  de- 
termine with  reasonable  certainty  the 
transmission  and  the  transformer 
losses,  the  grounds  and  similar  mat- 
ters— to  take  the  entire  number  of 
net  watt  hours  delivered  and  divide  it 
by  the  total  number  of  lamp  hours 
and  thus  determine  the  service  in 
the  city? 

A.  Assuming  that  the  station  in- 
struments were  correct,  and  that  the 
losses  you  mention  were  only  normal, 
the  test  you  mention  would  give  a 
very  good  idea  of  the  average  zvatt 
consumption  per  lamp.  It  would  not 
tell  you  how  good  the  service  was 
in  point  of  uniformity  of  adjust- 
ment in  the  relation  betiveen  the  am- 
peres and  the  lamp,  and  the  volts  in 
the  lamp,  and  matters  of  that  kind. 
You  might  have  a  circuit  giving  the 
most  admirable  service,  and  a  circuit 
giving  what  you  would   call  "rank" 


service,  both   of  which  would  show 
the  same  wattage  on  the  meter. 

Q.  And  isn't  it  perhaps  a  more 
fair  test  even,  to  take  every  lamp 
in  the  circuit  and  ascertain  its  indi- 
vidual condition,  and  what  it  is  do- 
ing? 

A.  That  test  should  be  made  by 
every  operating  company.  It  gives 
a  very  good  idea  of  what  it  is  doing. 

Q.  Would  you  as  an  electrical  en- 
gineer take  the  test  of  one  or  two 
lamps  at  a  particular  time  as  indi- 
cative of  the  condition  of  a  whole 
system  of  lamps,  consisting  of  241, 
for  a  period  of  twelve  or  fifteen 
months  previous,  and  as  controlling 
for  eight  or  ten  months,  subsequent 
to  that  time? 

A.  According  to  my  observation, 
a  great  many  things  can  happen  on 
a  circuit  in  a  period  of  a  couple 
of  years,  and  I  would  hesitate  very 
much,  from  any  test  made  at  any 
particular  time,  to  say  what  would 
or  might  have  been  going  on  on 
this  circuit  for  the  last  six  months, 
and  would  be  likely  to  go  on  in 
that  circuit,  provided  opportunity  for 
change  were  granted,  during  the  next 
six  months. 

Q.  I  don't  want  to  refer  to  it  too 
often,  but  you  referred  to  the  temer- 
ity of  anyone  to  incorporate  anything 
in  the  N.  E.  L.  A.  resolution  of  1894 
with  reference  to  an  alternating  arc 
lamp? 

A.     Yes. 

Q.  I  want  to  ask  you  if  it  isn't 
your  recollection  that  Professor  An- 
thony did  have  the  temerity  to  say 
if  you  furnished  an  alternating  cur- 
rent arc  lamp  with  450  watts,  it  would 


i8o 


RE-DIRBCT  EXAMINATION— BELL. 


be  a  2,000  candle-power  lamp  within 
the  meaning  of  this  resolution? 

A.  I  think  that  he  ivould  have 
been  more  cautious  in  advancing  that 
statement  if  it  had  been  so  embodied 
that  the  Association  had  to  vote  on  it. 

Q.    The  vote  was  taken  afterward? 

A.  The  vote  was  taken  afterward; 
that  zvas  the  individual  expression  of 
opinion  of  one  member  of  the  com- 
mittee, and  I  regarded  it,  to  deal  with 
the  facts  as  they  then  existed,  as  a 
bouquet  thrown  to  the  Westing- 
house  Company,  that  was  trying  to 
get  out  an  alternating  arc  system, 
which  they  hoped  might  come  to 
something,  but  zvhich  didn't. 

Re-direct  Examination  by  Mr. 
Robinson. 

Q.  Isn't  it  a  fact  that  in  every 
instance  that  you  know  of  where  6.6 
ampere  lamps  have  been  substituted 
for  9.6  ampere  lamps,  that  it  was  nec- 
essary to  put  in  more  of  those  lamps 
in  order  to  secure  proper  illumina- 
tion of  the  streets? 

A.  Yes,  but  in  point  of  fact  the 
substitution  is  sometimes  made  for 
the  purpose,  or  with  the  result  of 
cutting  the  electric  light  bill,  and  the 
additional  lights,  for  the  further 
lighting  of  the  city,  installed  as  time 
socs  on. 

Q.  If  you  had  a  contract  embody- 
ing the  words  that  I  read  to  you 
from  the  ordinance  of  September 
8th,  1898,  would  you  consider  it  pos- 
sible for  that  contract  to  be  filled 
by  the  producer  of  the  light,  with 
the  system  and  apparatus  that  is  used 
on  the  streets  in  this  city  in  prac- 
tical operation? 

A.     No,  sir. 


Re-cross  Examination  by  Mr. 
Schuyler. 

Q.  You  are  referring  to  the  street 
part  of  this  system;  is  that  the  idea? 

A.  I  am  referring  to  the  street 
part  of  the  system,  and  the  standard 
lamps  zvhich  are  used  in  the  system. 

Q.  You  are  not  referring  to  the 
plant  at  all? 

A.  Oh,  no,  I  don't  understand  the 
question  to  refer  to  it. 

Q.  Well,  what  would  you  say 
about  the  7J^  ampere  light  being  able 
to  fulfil  the  terms  of  that  franchise? 

A.  It  would  come  very  much 
nearer  to  fulfilling  it  than  the  sys- 
tem  referred   to. 

Q.  The  yyz  ampere  A.  C.  is  better 
than  the  open  lamp,  on  account  of 
steadiness  and  distribution,  and  those 
matters  that  we  have  discussed? 

A.  I  should  hesitate  to  call  it  a 
better  lamp.  I  think  the  lamp  that 
you  could  definitely  call  better,  which 
would  appeal  to  the  mind  of  any- 
body as  being  a  more  effective  light, 
is  the  D.  C.  enclosed;  but  as  I  said, 
the  A.  C.  arc  lamp,  run  on  an  honest 
full  T^/i  amperes,  and  about  72  volts 
to  the  arc,  would  come  pretty  near 
fulfilling  the  bill,  light  for  light,  with 
the  old  open  arc. 

Q.    Upon  what  basis  is  the  charge 
made  and  collected  for  light? 
A.     On  the  basis  of  service. 

Q.  Well,  don't  you  take  the  num- 
ber of  watts,  and  make  the  bill  on 
that? 

A.  The  bill  is  generally  not 
made  on  the  zvattage.  Contracts 
arc  generally  put  out  in  some- 
thing     of      the     following      form; 


RE-CROSS-BXAMINA  TION—BBLL. 


i8i 


the  company  undertakes  to  furnish 
a  certain  specified  arc,  operated  un- 
der specified  conditions,  and  taking 
specified  voltage,  for  a  certain  price 
per  year,  or  per  night,  per  light.  In 
a  recent  case  with  which  I  am  ac- 
quainted the  contracts  for  arc  lights 
are  now,  I  am  glad  to  say,  drawn 
on  this  specified  basis,  which  speci- 
fies not  only  the  number  of  watts,  but 
the  amperage  of  the  lamp,  its  char- 
acter, and  the  service  which  shall  be 
rendered  under  the  contract.  That, 
I  think,  is  the  usually  accepted  form 
to-day. 

Q.  Do  we  understand  that  the  ef- 
fect of  what  you  state  is  that  a  7l4 
ampere  lamp,  properly  kept  up,  and 
honestly  run,  was  a  fair  substitution, 
lamp  for  lamp,  for  the  old  type  of 
9.6  ampere  lamp? 

A.  An  alternating  enclosed  arc 
lamp,  which  takes  not  less  than  714 
amperes  of  current,  at  an  effective 
voltage  of  72,  is  a  good  enough  lamp, 
in  most  cases,  perhaps  all  cases,  to 
replace  a  9.6  ampere  open  arc  lamp, 
for  the  purpose  of  street  illumination. 
The  question  as  to  whether  one  could 
or  could  not  replace  it,  under  any 
given  conditions  of  the  contract,  etc., 
I  will  not  attempt  to  deal  with,  be- 
cause that  is  a  legal  matter ;  but  as  to 
the  lamp — that  is  the  only  alternating 
lamp,  and  that  is  the  minimum  in 
current,  which  I  consider  in  any  way 
capable  of  substitution,  lamp  for 
lamp,  with  what  we  would  all  agree 
in  calling  comparable  results. 
Question  by  Arbitrator: 
Q.  You  replied  to  the  question  as 
to  what  lamp  was  meant  in  1894  by 
the  standard  2,000  candle-power  lamp, 
as  being  the  9.6  ampere,  with  42  to 
45  volts  at  the  arc ;  would  the  same 
answer  apply  in   1898? 


A.  Absolutely  and  exactly  the 
same.  I  happened  in  the  course  of 
some  litigation  where  I  was  acting 
as  consulting  engineer,  to  look  up  the 
state  of  the  art  at  exactly  that  epoch, 
and  there  was  not  at  that  time  any- 
thing whatever  which  could  be  con- 
sidered as  a  lamp  in  use  sufficiently 
beyond  the  experimental  stage  to  jus- 
tify its  possible  consideration  under 
such  a  contract. 

Re-cross  Examination  Continued 
by  Mr.  Schuyler. 

Q.  Isn't  it  true  that  the  rating 
"standard  2,000  candle-power  light," 
whatever  might  have  been  true  at 
that  time,  has  since  been  generally 
applied  to  the  480-watt  alternating 
current  light? 

A.  At  times  doubtless  by  the  man- 
ufacturer and  the  agent,  and,  as  a 
matter  of  fact,  at  the  present  time 
you  do  find  it  applied  to  the  old  open 
arc,  the  enclosed  6.6  ampere  D.  C. 
arc  to  which  I  have  referred,  the  jYi 
ampere  alternating  arc,  and  the  6.6 
ampere  enclosed  arc.  It  is  also  true, 
curiously  enough,  that  you  find  that 
same  lamp  at  times  rated  as  1,200 
candle-power,  in  quite  a  number  of 
cases;  but  I  don't  think  that  any  of 
these  ratings  have  any  serious  bear- 
ing on  the  issue  at  the  present  time. 

Q.  And  you  say  that,  that  rating 
applies  to  all  these  lamps  without  any 
distinction,  at  six  and  nine  j'ears  after 
the  epoch  in  question ;  how  about  two 
years  ago;  the  same? 

A.  Why,  since  the  practical  aboli- 
tion of  the  candle-power  rating,  and 
the  pinning  of  contracts  down  to  ser- 
vice, people  have  fallen  into  extremely 
loose  ways  of  rating;  rate  lamps 
pretty  much  as  they  please.  For  ex- 
ample, I  know  of  one  case  of  a  city, 


l82 


RE-RE-DIRaCT  EXAM  IN  A  T  ION— BELL. 


ill  zvliich  the  6.6  aiii/ycre  alternating 
zvcrc  substituted  for  the  old  half  arcs, 
and  they  gave  excellent  satisfaction, 
but  in  later  years  the  whole  question 
of  candle-power  dropped  out  of  sight, 
and  these  same  arcs  were  rated  to  the 
public  as  2,000  candle-pozver,  although 
they  had  been  substituted  for  half 
arcs;  so  the  whole  thing  now  is  so 
loose  and  irregular,  and  the  contracts 
for  candle-power  are  so  utterly  obso- 
lete, that  people  rate  about  as  they 
please,  so  long  as  the  terms  of  the 
contract  are  lived  up   to. 

But  the  change  from  candle-power 
rating  has  been  a  gradual  one,  and 
as  the  technical,  legal,  contractual. im- 
portance of  the  candle-power  rating 
has  disappeared,  why,  people  have 
simply  paid  very  little  attention  to 
it,  and  rate  it  pretty  much  as  they 
please,  and  nobody  has  paid  any  at- 
tention; it  has  dropped  out  of  sight, 
and  I  don't  consider  that  the  rating 
of  a  lamp  at  one  candle-pozver  or 
another  has  any  essential  importance. 

Q.  The  candle-power  rating  was 
rather  fictitious,  anyhow,   wasn't  it? 

A.  The  candle-power  rating  of  the 
old  days,  as  I  have  indicated,  zuas 
wholly  fictitious. 

Re-re-direct  Examination  by  Mr. 
Robinson. 

Q.  The  question  asked  you  was 
about  a  7.5  ampere  light  that  might 
be  substituted  for  some  other ;  now, 
is  that  a  size  of  lamp  in  itself? 

A.     It  is. 

Q.  That  isn't  the  same  thing  as  a 
6.6  ampere  lamp,  with  7.5  amperes 
running  through  it? 


A.  i\o,  sir.  It  is  a  distinct  and  in- 
dividual lamp,  and  takes  a  distinct 
and  individual  transformer  to  run  it; 
it  is  a  separate  commercial  article. 

Q.  How  long  has  candle-power 
been  used  as  a  unit  for  the  measuring 
of  light? 

A.  I  should  say  that  the  candle- 
pozver  has  been  the  legal,  and  the  only 
icgal  standard  of  light  in  English 
speaking  countries  since  the  early 
days  of  using  gas. 

Q.  Been  something  like  a  hundred 
years,   hasn't   it? 

A.     Well,  in  that  vicinity. 

Q.  That  is  for  measuring  light; 
when  you  want  to  measure  power 
you  use  something  else,  don't  you? 

A.     Certainly;  yes. 

Q.  But  when  you  measure  light 
you  still  use  the  candle-power  as 
the  standard? 

A.  You  have  to  go  back  to  the 
candle-power. 

Q.  By  your  reference  to  contracts 
now  measured  by  watts,  and  other 
specifications,  do  you  mean  that  a 
party  holding  a  contract  has  the  priv- 
ilege of  changing  it  and  meeting  his 
obligations  under  the  contract  by 
measurement  in  watts  and  volts? 

A.  Oh,  so  far  as  I  know,  all 
changes  of  that  kind  have  been  ac- 
companied by  a  changed  contract, 
generally  a  changed  rate,  and  possibly 
changed  conditions. 

Board  adjourned. 


RE-RE-DIRBCT  EXAMINA  T I  OK— BELL. 


183 


THE    BOARD    MET,    PURSUANT    TO    ADJOURNMENT, 
AT  9  A.   M.,  FEBRUARY  5.   1907. 


DR.  BELL  recalled  to  the  stand. 

Re-re-direct  Examination  Con- 
tinued by  Mr.  Robinson. 

Q.  Dr.  Bell,  referring  to  some  of 
your  testimony  of  yesterday,  in  which 
something  was  said  about  a  compar- 
ison between  a  7.5  A.  C.  enclosed 
lamp  and  a  9.6  D.  C.  open  lamp,  I 
will  ask  you  what  general  compari- 
son you  can  make  to  the  Board  as 
between  the  light  given  by  these  two 
lamps  ? 

A.  As  I  indicated  yesterday,  a  7.5 
ampere  alternating  enclosed  arc  is 
quite  a  different  proposition  from  a 
6.6  ampere  alternating  enclosed  arc. 
The  light  given  by  it  lies  between 
that  given  by  that  of  a  9.6  open  arc 
and  a  6.6  ampere  alternating  enclosed 
arc.  I  should  say  that  a  7.5  enclosed 
alternating  lamp,  taking  not  less  than 
72  volts  at  the  arc,  would  give  a 
mean  hemispherical  candle-power  not 
far  from  400,  and  its  maximum 
candle-power  tvould  lie  correspond- 
ingly higher,  betzvcen  500  and  600. 
Of  course,  the  distribution  of  a  7.5 
ampere  alternating  lamp  is  similar  to 
that  of  the  6.6  ampere  and  different 
from  that  of  the  open  arc,  but  the 
relative  actual  light-giving  power  of 
the  arc,  to  which  I  understand  yon 
refer,  is  about  as  I  have  stated. 

Q.  Would  the  light  of  a  7.5  .A.  C. 
enclosed  lamp  be  anything  like  a  fair 
substitution  for  the  light  of  a  9.6 
D.  C.  open  arc  lamp? 

A.  In  point  of  quantity  the  figures 
already  given  would  show  that  the 
7.5  ampere  alternating  arc  was  mate- 
rially inferior  to  the  9.6  ampere  open 
arc.      Of   course,    one    must    under- 


stand that  the  alternating  arc  lamp 
has  some  advantage  of  distribution 
that  makes  it,  relatively,  a  slightly 
better  light  than  the  absolute  candle- 
pozver  tvould  indicate. 

Q.  In  your  judgment,  would  it  be 
reasonable  and  fair  to  require  the 
company  in  this  case  to  install  such 
apparatus  as  would  give  the  light 
described  in  the  Ordinance? 

A.  I  do  not  see  how,  as  a  gen- 
eral proposition,  that  could  be  de- 
nied; if  the  Ordinance  required  a 
certain  thing,  I  should  say,  as  a  mat- 
ter of  fact  and  equity,  that  the  Com- 
pany might  be  required  to  install  that 
thing. 

Q.  And  to  operate  such  as  to  fur- 
nish what  it  agreed  to? 

A.  Of  course,  that  goes  without 
saying. 

Q.  Would  it  be  impracticable,  by 
reason  of  extraordinary  expense,  for 
the  Company  to  supply  such  appa- 
ratus that  would  give  the  light  re- 
quired by  the  Ordinance? 

A.  Why,  no,  I  should  not  think 
that  from  a  practical  standpoint  it 
was  unreasonable  to  require  the  Com- 
pany to  do  that,  because,  although  the 
light  of  a  9.6  ampere  arc  lamp  zcould, 
unquestionably,  cost  the  Company 
more  than  the  present  light,  still  it 
zvouldn't  cost  it  an  amount  so  ex- 
cessive that  it  should  be  considered 
unreasonable.  Many  such  lights  are 
in  use  in  various  places,  and  their 
cost,  although  higher  than  that  of 
the  alternating  system  of  equal 
candle-pozi'er,  is  not  to  be  regarded 
as  extraordinary. 


i84 


RE-RE-CROSS-EXAMINATION—BBLL. 


Re-re-cross  Examination  by  Mr. 
Schuyler. 

Q.  In  your  last  answer  you  were 
speaking  of  a  9.6  ampere  direct  cur- 
rent open  arc  lamp  system? 

A.     Yes. 

Q.  Isn't  it  a  fact  that  shadows 
from  the  old  arc  are  very  dense? 

A.  Why,  at  times  they  are;  the 
globes  are  liable  to  get  dirty;  that  is 
one  of  the  well  known  and  generally 
admitted  disadvantages  of  the  old 
open  arc. 

Q.  Isn't  the  shadow  due  to  the 
lower  carbon  and  not  to  the  globe, 
and   therefore   always   present? 

A.  There  is  a  shadow  due  to  the 
cutting  off  of  the  light  by  the  lower 
carbon,  but  this  exists  also  in  any 
form  of  arc  lamp  to  a  certain  extent. 
I  think  the  main  trouble  from,  sha- 
dows in  the  old  open  arc  is  an  accu- 
mulation of  dirt  in  the  globes;  they 
are  very  apt  to  gather  up  dirt  and 
insects  and  what  not,  and  the  form 
of  the  old  open  arc  lamp  was  not 
as  skillfully  designed  as  lamps  which 
have  been  put  out  in  recent  years. 
There  is  no  question  whatever,  that 
on  the  average  the  old  open  arc  gives 
denser  shadows  than  the  modern  en- 
closed arc. 


Re-re-direct  Examination  by  Mr. 
Robinson. 

Q.  You  haven't  examined  the 
present  lamp  globes  on  the  street  to 
see  whether  their  outer  globes  fill 
up  with  insects,  have  you? 

A.  Well,  I  have  observed  the  dirt 
in  the  lower  part  of  the  globes,  as  I 
have  been  walking  under  them  at 
night,  but  I  can't  say  what  their 
average  condition  is. 

Q.  Isn't  that  accumulation  of  dirt 
in  the  outer  globe  very  nearly  as 
much  in  this  kind  of  lamp  as  in  the 
old  kind? 

A.  No,  I  don't  think  that  the  ac- 
cess to  the  enclosed  lamp  of  modern 
design  is  as  great  as  in  the  case  of 
the  average  open  arc;  the  dirt  can't 
get  in  quite  as  readily  as  it  used  to 
in  the  earlier  forms  of  open  arc,  but 
it  does  get  in  and  does  produce 
shadows. 

Re-re-cross  Examination  by  Mr. 
Schuyler. 

Q.  Isn't  it  a  fact,  that  one  of  the 
chief  points  of  the  enclosed  arc  is 
that  it  keeps  out  insects. 

A.  The  chief  point  is  the  great 
economy  of  operation  on  account  of 
less  trimming. 

Witness  excused. 


RE-RXAMINATION— ADAMS. 


t8s 


MR.  ALTON  D.  ADAMS  recalled 
to  the  stand. 

Examination  by  Mr.  Robinson. 

Q.  Mr.  Adams,  yesterday  it  was 
arranged  you  were  to  present  some 
statistics  as  to  the  use  of  the  9.6  D. 
C.  open  arc  and  the  6.6  A.  C.  en- 
closed arc;  what  have  you  got  to-day 
on  that? 

A.  I  have  some  figures  here,  pur- 
porting to  shozv  the  number  of  open 
and  enclosed  arc  lamps  in  use  for 
street  lighting  throughout  the  United 
States  in  1902.  Of  course,  these  fig- 
ures do  not  refer  exclusively  to  the 
9.6  ampere  direct  current  open  arc 
lamp  and  to  the  6.6  ampere  enclosed 
alternating  current  lamp,  because 
there  are  other  types  of  both  open 
and  enclosed  lamps,  so  that  the  fig- 
ures zuhich  I  shall  give  in  reply  to 
your  question,  refer  to  all  types  of 
open  and  all  types  of  enclosed  arc 
lamps  in  use  on  the  streets  in  the 
year  1902.  The  bulletin  which  I  hold 
in  viy  hand,  which  purports  to  come 
from  the  General  Electric  Company, 
is  dated  February  25,  1904,  bulletin 
No.  4284.  In  the  introduction  of 
this  bulletin  there  is  a  brief  sentence 
which,  if  you  and  the  Court  will 
allow,  I  think  I  will  read,  as  follows : 
"The  use  of  the  term  candle-power 
in  connection  with  arc  lamps  is 
strongly  condemned,  and  though  used 
m  previous  bulletins  on  this  subject,  it 
is  here  omitted,  the  zvatts  at  lamp 
terminals  being  substituted."  The 
force  of  that  statement,  of  course, 
is  to  show  that,  up  to  1902,  the  de- 
scription of  arc  lamps  was  commonly 
given  in  terms  of  candle-pozver  in 
the  electric  field,  and  the  General 
Electric  Company,  in  issuing  bulle- 
tins, descriptive  of  such  lamps,  used 


that  method  of  describing  lamps  in 
use. 

This  bulletin,  as  I  have  stated, 
gives  the  number  of  open  and  the 
number  of  enclosed  arc  lamps  in 
use  throughout  the  United  States 
for  street  lighting  purposes  as  far 
as  the  bulletin  is  complete.  These 
are  the  results  for  the  entire  United 
States. 

The  number  of  enclosed  lamps,  as 
shozvn  by  the  bulletin,  was  31,718, 
and  the  number  of  open  arc  lamps, 
as  shozvn  by  the  bulletin,  was  302,185, 
all  in  use  for  street  lighting.  I 
might  say  in  further  anszver  to  your 
question  that  a  part  of  these  enclosed 
arc  lamps  were  of  the  direct  cur- 
rent type,  in  fact,  the  bulletin  states 
here  that  seventy-three  cities  used 
the  enclosed  arc  lamps,  or  having 
them  on  the  streets,  were  using  these 
of   the   direct   current   type. 

Q.  Do  you  know,  of  your  own 
knowledge,  whether  the  open  lamp 
is  in  use  in  Worcester,  Massachu- 
setts ? 

A.     Ves. 

Q.  Would  it  be  practical  for  a 
company  to  instal  such  a  plant  of 
machinery  and  such  apparatus  as  to 
furnish  the  light  which  you  have 
testified  was  called  for  by  this  ordi- 
nance? 

A.  Why,  undoubtedly;  the  thing 
is  being  done  in  hundreds  of  cen- 
tral stations  to-day;  I  don't  see  any- 
thing impractical  about  it. 

Q.     Only  it  costs  more? 

A.  It  costs  more  to  furnish  a  9.6 
open  arc  lamp  and  operate  it  well, 
than  it  does  to  furnish  an  enclosed 
6.6  alternating  current  arc  lamp  and 
operate  that  zvell. 


i86 


R  E-hX.I  MIX  A  TI  OX— .4  DA  MS. 


Cross  -  examination 
Schuyler. 


by       Mr. 


Q.  You  would  advise  the  City  of 
Colorado  Springs  to  go  back  to  the 
old  style  9.6  direct  current  open  arc? 

A.  That  particular  question  is 
very  difficult  to  aiiszccr  tvithout  ex- 
planation. I  certainly  zi'ould  advise 
the  City  of  Colorado  Springs,  if  it 
is  entitled  to  the  open  arc  9.6  ampere 
direct  current  lamp  to  insist  on  hav- 
ing that  lamp  installed  on  its  streets, 
in  preference  to  the  lamp  that  it  noxv 
has.    It  is  a  decidedly  better  thing. 

Q.  Let's  eliminate  for  a  moment 
.  the  question  of  a  contract.  Would 
you,  in  the  present  state  of  electric 
lighting,  advise  the  City  of  Colo- 
rado Springs,  from  a  practical  en- 
gineering standpoint,  to  put  in  the 
9.6  old  style  current  open  arc  lamp' 
A.  The  advisability  on  the  part 
of  the  City  of  accepting  any  lamp, 
in    the   absence   of  a   contract,   must 


depend,  in  my  judginent,  on  the  price 
(it  zi'hich  the  lamp  is  offered,  and 
if  the  City  could  get  a  9.6  ampere 
open  arc  lamp  supplied  and  operated 
properly  oh  its  streets  at  no  greater 
cost  than  the  6.6  ampere  alternating 
current  enclosed  lamp,  I  should,  un- 
qualifiedly, advise  the  City  to  accept 
the  9.6  ampere  open  arc  lamp. 

Q.  Did  you  ever  use  an  illumi- 
iiometer? 

A.  I  never  used  the  instrument 
you  mentioned ;  I  have  observed 
lamps   in    use. 

Q.     .A.   visual   observation  ? 
A.     Yes. 

Re-direct  Examination  by  Mr. 
Robinson. 

Q.  Do  you  know  what  an  illu- 
minometer    is? 

A.  No,  sir,  I  don't;  I  don't  re- 
member. 

Witness  Excused. 


EXAMINA  riON—TAFF. 


187 


Mr.  GEORGE  A.  TArT,  bcmg 
hrst  duly  sworn  on  behalf  of  the  cit\-, 
testified  as  follows,  to  wit : 

Examination  by  Mr.  Robinson. 

Q.     Please  state  to  the   Board  the 
proportionate  part  of  the  whole  cur 
rent    generated    by    the    use    of    the 
City    water-power,    which    has    been 
used  to  light  the  streets  of  the  City? 

A.  It  ranges  from  10  to  15  per 
cent. 

Q.  And  the  remainder  of  the  cur- 
rent is  disposed  of  to  other  parties, 
is    it? 

A.  It  is,  in  Colorado  Springs  and 
the    tozvn    of   Manitou. 

Q.  What  position  do  you  occupy 
with  the  Pike's  Peak  Hydro  Elec- 
tric Company? 

A.  I  am  its  vice-president,  engi- 
neer and  manager. 

Q.  And  have  you  been  an  offi- 
cer of  the  company  and  manager  of 
it  since  it  began  to  furnish  light 
to  the  streets  of  the  City  since  Feb- 
ruary,   1935  ? 

A.    I  have. 

Q.  What,  if  any,  plant,  wires, 
lamps,  poles,  transformers,  imple- 
ments, or  machinery  of  any  kind  has 
the  Company  inside  the  corporate 
limits   of   the   City? 

A.     Xone. 


(J.     is>   any   part  of   its  plant   any- 
where on  ground  of  the  City? 
A.     There    is   not. 

Q.  Then,  is  it  not  true,  that  if 
the  City  is  receiving  any  benefit, 
income  or  recompense  of  any  kind 
for  the  use  of  its  water  system  that 
benefit,  pay  or  recompense  is  through 
this  street  lighting  arrangement  or 
contract  ? 

A.  Partly.  The  price  named  in 
the  contract  for  street  lighting  when 
the  contract  was  made,  as  I  believe, 
was  a  little  better  than  one-half  of 
the  price  that  was  paid  by  the  City 
for  such  lights;  further,  there  is  re- 
served a  certain  quantity  of  poiver 
that  the  City  uses  and  additional 
lights    for    this    City    building. 

Q.  That  is  true,  the  City  is  re- 
ceiving the  light  for  this  building 
free,    under  that    contract? 

A.    It   is. 

Q.  Now,  can  you  think  of  any- 
thing else  it  is  receiving  under  con- 
tract ? 

A.    Nothing  that  I  know  of. 

Q.  What  is  the  capacity  of  your 
plant  in  kilowatt  hours  per  month? 

A.  The  capacity  of  the  plant  va- 
ries per  month;  it  has  an  output 
throughout  the  year  of  eight  million 
kilowatt  hours. 

Witness  excused. 


i88 


EXAMINATION— ARMSTRONG. 


PROF.  J.  R.  ARMSTRONG,  be- 
ing first  duly  sworn  on  behalf  of  the 
city,  testified  as  follows,  to  wit : 

Examination  by  Mr.  Robinson. 

Q.  Did  you  ever  assist  in  mak- 
ing any  tests  of  the  power  in  the 
lamps  on  the  streets  in  this  City? 

A.    I  have. 

Q.     I  hand  you  City's  Exhibit  No. 

26  and  ask  you  if  that  shows  the 
result  of  the  tests,  as  to  the  location 
and  date,  current,  volts  and  watts, 
as  assisted  in  by  you? 

A.    It  does. 

Q.     I  hand  you  City's  Exhibit  No. 

27  and  ask  you  if  that  shows  the 
result  of  tests,  aided  by  you,  so  far 
as  location  and  time,  amperes,  volts 
and   watts  go? 

A.    It  does. 

Cross  -  examination  by  Mr. 
Schuyler. 


Q.  During  the  tests  what  instru- 
ment did  you  hold? 

A.  A  rotation  of  reading  was 
used,  through  some  of  the  tests  fif- 
teen readings  were  made;  if  at  first 
1  held  the  watt-meter,  the  next  five 
readings  I  held  the  volt-meter,  the 
next  five  readings  I  held  the  am- 
meter. 

Q.  Professor  Matthews  supervised 
these  tests  after  he  got  here,  did 
he? 

A.  He  was  anxious  to  he  sure 
that  things  were  correct,  and  when 
we  started  our  readings  we  had  both 
Professor  Matthews'  instruments,  as 
well  as  the  college  instruments,  and 
we  carefully  checked  through  to- 
gether. 

Q.    Who  did  supervise  the  tests? 

A.  That  is  hard  to  say;  perhaps 
Dr.  Shedd  took  more  leadership; 
when  Professor  Matthews  was  here 
he   oversaw  things  more. 

Witness  Excused. 


DIREC T  EXAMINA  TION—STRIBB  Y. 


189 


PROF.  WM.  STRIEBY,  being 
first  duly  sworn  on  behalf  of  the 
cit3',  testified  as  follows,  to  wit : 

Examination  by  Mr.  Robinson. 

Q.  Did  you  assist  in  making 
some  tests  of  street  lights  of  this 
City  in  June,  July  and  August  last 
year? 

A.    I  did. 

Q.  I  will  ask  you  if  you  were 
a  member  of  a  committee  of  the  col- 
lege that  was  requested  to  make  tests 
of  these  lights? 

A.    I  was. 

Q.  Were  you  at  that  time  in  the 
employ   of   the   City? 

A.  IV e  were  requested  by  the 
City;  there  zuas  no  employment,  that 
is,  for  a  sum  of  money;  the  services 
were  given  gratuitously. 

Q.  Now,  I  will  ask  you  to  state 
to  the  Board  how  the  readings  of 
the  instruments  were  made? 

A.  Three  men  zcere  stationed  upon 
a  wagon  underneath  the  lamp,  which 
was  lozvered  in  all  of  the  last  tests, 
to  zc'ithin  a  fczv  feet  of  their  heads; 
there  zcere  three  instruments  on  a 
table,  zvhich  the  three  men  zvere  read 
tug;  there  zvere  tzvo  persons  on  the 
ground  near  by  to  record  the  read- 
ings as  they  zvere  given.  I  held  the 
watch  and  gave  the  time.  When 
everything  had  been  made  ready,  the 
time  for  the  readings  to  begin  was 
announced  by  the  statement,  "get 
ready,"  meaning  that  there  were  five 
seconds  before  the  reading  was  to 
begin.  At  the  end  of  the  five  sec- 
onds after  the  "get  ready"  announce- 
ment zvas  made,  I  said  "read";  each 
one  zvas  supposed  to  read  his  in- 
strument at  that  time;  I  would  then 


call  off,  say,  the  wattmeter,  Mr.  So- 
and-So,  your  data,  and  he  would  call 
aloud  his  reading,  and  I  would  re- 
cord and  the  other  would  record, 
and  I  would  call  back  the  reading 
aloud  so  he  and  the  others  should 
hear  it;  then  the  next  instrument 
in  turn  zcas  taken  and  the  same 
practice  zvas  gone  over,  and  the  third 
one,  so  at  that  time  three  readings 
were  tvade  simultaneously,  each  one 
called  off  in  turn  and  the  data  zvas 
put  down  in  two  books,  one  carried 
by  myself  and  the  other  by  another 
gentleman.  After  waiting  a  suitable 
interval  of  time,  which  zvas,  in  the 
earlier  tests  three  minutes,  and  then 
tzvo  minutes  as  the  work  progressed 
more  easily,  and  finally  in  the  last 
test  one  minute,  the  readings  would 
be  taken  again  and  so  on  through 
the  test.  For  the  earlier  tests  there 
were  made  five  readings  by  each  gen- 
tleman at  each  instrument,  then  the 
man  who  had  the  volt-meter  per- 
haps took  the  ammeter,  changing 
around  so  each  had  a  different  in- 
strument; the  readings  would  be  all 
repeated  five  or  more  times,  then  a 
change  would  be  made  again,  so  that 
the  man  zvho  had  the  voltmeter  at 
one  time  had  the  ammeter  at  the 
other,  changing  to  the  wattmeter  at 
the  last  time.  Three  series  of  five 
readings  would  make  a  total  of  fif- 
teen readings  in  all.  In  the  tests 
on  August  30  and  31  there  were 
about  ten  readings  made  instead  of 
the  fifteen,  and  in  that  case  the 
.same  gentleman  remained  at  the  in- 
strument during  the  ten  readings. 

Q.  About  how  long  a  time  would 
elapse  after  the  lamp  was  out  until 
it  would  be  cut  in  again,  prior  to 
the  taking  of  the  readings? 

A.     The    light   would   actually    be 


1 90 


DIRECT  BXAMIXATIOX—STRIEBY. 


out,   I  should  say  a   couple   of  min- 
utes. 

Q.  About  how  long  \\ould  it  \k 
after  you  cut  the  lamp  back  in  until 
you  began  to  take  readings? 

A.  I:  ivas  somewhat  variable:  my 
recollection  is  that  it  was  something 
like  ten   minutes. 

Q.  How  would  you  say,  from 
your  experience  and  observation  of 
the  lights  on  the  streets,  that  the 
lights  which  were  tested  at  these 
times  compare  with  the  general  con- 
dition  of  the  lights  of  the  City? 

A.  So  far  as  my  observation  went. 
they  seemed  to  be  about  the  same 
as  they  had  been  for  some  little  time 
previous. 

Q.  Did  you  gentlemen  attempt  to 
pick  out  lamps  that  were  an  average 
indication    of    the   whole   system? 

A.  The  endeavor  was  to  make 
such  a  selection  of  lamps  all  over 
the  city  as  would  give  a  fair  knowl- 
edge of  what  they  zvere  doing;  no 
attempt  to  pick  out  all  the  bad  lamps 
or  all  the  good  lamps,  but  simply 
to  pick  cut  lamps  here  and  there,      l 

Q.  I  will  hand  you  City's  Ex- 
hibit No.  26,  and  ask  you  if  that 
shows  the  result  of  the  test  which 
you  have  described  as  to  the  loca- 
tion of  the  lamp,  date,  current,  volts 
and  watts? 

A.     It  does. 

Q.  Can  you  explain  to  the  Board 
the  peculiarities  of  test  No.  4,  and 
how  it  happens  that  one  reading  on 
that  lamp  varies  so  much  from  the 
other,  although  taken  at  practically 
the  same  time? 

A.  In  that  case  the  test  had  pro- 
ceeded until  there  were  thirteen  read- 


ings made,  zvhen  a  man  drove  up 
and  climbed  the  pole,  and  made  some 
adjustment,  or  did  something  to  the 
lamp,  and  after  that  time  the  read- 
ings as  shozvn  in  the  following  test 
were  different  from  those  that  had 
preceded   it. 

Q.  What  did  this  man  say  about 
the   lamps   and  your  testing? 

A.  When  he  came  down  from  the 
pole  he  came  over  and  sat  by  me 
and  I  asked  him  why  he  had  changed 
and  interfered  with  the  lamp,  and  he 
said,  "because  it  zvould  not  be  fair 
to  take  the  readings  of  the  lamp 
until  it  had  been  changed,  because 
the  pole  lamps  had  not  been  adjusted^ 
and  that  it  was  only  fair  that  the 
readings  should  be  taken  after  ad- 
justment." 

Q.  Do  you  know  who  the  man 
was? 

A.     I  did  not   know  him. 

Q.  Did  he  say  in  whose  employ 
he   was  ? 

A.  I  understood  him  to  say  that 
he  was  in  the  employ  of  the  Colo- 
lado   Springs  Electric  Company. 

Q.  In  making  the  tests  did  you 
notice  the  physical  condition  of  the 
lamps? 

A.  There  zvere,  in  a  number  of 
cases,  such  defects  as  broken  and 
very  dirty  globes,  and  dirt  in  the 
globes. 

Cross  -  examination  by  Mr. 
Schuyler. 

Q.  Please  tell  us  how  many  watts 
were  consmned  in  the  voltmeter? 

A.  I  simply  took  the  readings  that 
were  given  to  me  and  recorded  them; 
I  acted  as  clerk   entirely. 

Q.    How  about  the  wattmeter? 


CROSS-EX AMI\  A TfOX  -STRIEBY. 


igi 


A.    Same    thing. 

Q.  Did  you  have  both  sets  of  in- 
struments, those  that  Professor 
Matthews  brought  from  the  East 
and  those  that  Professor  Shedd  had 
in  the  test  at  the  same  time? 

A.  We  took — /  think  we  tested 
both  sets  and  made  records,  but  they 
seemed  to  read  alike,  so  zve  cut  out 
one  set  and  read  zi'ith  Professor 
Matthews'  instruments. 

Q.  You  are  positive  that  you  did 
not  have  two  sets  of  instruments 
connected   in   at   the   same   time? 

A.     Yes,  sir. 

Q.     Your  conclusion  that  the  lights 


around  the  city  were  of  the  same 
character  as  the  one  you  tested  was 
based  on  your  visual  observation? 

A.  Just  as  any  one  else  would 
that  had  no  special  qualification  for 
that. 

Q.  By  whom  were  you  called  upon 
to  take   up  this   task? 

A.  First  called  upon  by  Mayor 
Hall,   of   this   city. 

Q.  And  acted  thereafter  at  his  re- 
quest ? 

A.     Yes,  sir. 

Witness  excused. 


THEREUPON   THE  CITY   RESTED  ITS  CASE. 


BOARD   ADJOURNED. 


ig2 


DIRECT  EXAMINATION— RYAN. 


THE    BOARD    MET,    PURSUANT    TO    ADJOURNMENT, 
AT  2  P.   M.,  FEBRUARY   5,   1907. 


Mr.  W.  D'ARCY  RYAN,  being 
first  duly  sworn  in  behalf  of  the 
defendant,  testified  as  follows,  to 
wit : 

Examination  by  Mr.  Schuyler. 

Q.  Would  you  be  kind  enough  to 
explain   your   luminometer? 

A.  The  luminometer  might  prop- 
erly be  called  an  unscientific  instru- 
ment designed  specially  for  demon- 
strating to  monbers  of  city  councils 
and  other  people  interested  in  the 
values  of  different  exterior  illunii- 
nants,  what  their  various  lighting 
values  would  be. 

This  instrument  is  so  extremely 
simple  that  it  has  proved  a  very  val- 
uable instrument  in  investigations  of 
different  lights;  that  is,  in  a  practical 
way,  eliminating  the  scientific  sub- 
ject and  putting  it  on  a  more  com- 
mercial basis;  a  basis  where  anyone 
can  realise  exactly  what  is  happen- 
ing with  the  light. 

Q.  Have  you  made  any  practical 
use  of  the  instrument  yourself? 

A.  Yes;  for  a  period  of  about  a 
year,  I  had  anywhere  from  five  to 
twelve  men  at  work,  frequently  the 
entire  night,  making  tests. 

Q.  Over  what  period  of  time  have 
tests  of  that  or  of  other  character, 
for  the  purpose  of  comparing  the 
efficiency  of  lights,  been  conducted 
by  you? 

A.  About  seven  years,  and  tests 
are  still  continued  on  different  classes 
of  illuminants.  The  tests  referred  to 
were  the  first  that  made  a  real,  prac- 
tical comparison  of  values  of  various 
open  and  enclosed  arc  lamps. 


Q.  Prior  to  that  time,  was  there 
any  recognized  dehnite  method  of 
making  accurate  comparisons  of  arc 
lamps  ? 

.~1.     No,   none   whatever. 

Q.  Will  you  give  some  idea  of 
the  development  of  the  illuminating 
enterprise  in  this  country ;  that  is,  of 
street  lighting? 

A.  When  I  entered  the  field,  some 
tzcchc  years  ago,  the  lamps  com- 
monly used  in  this  country  were  of 
the  open  arc  type.  Later  develop- 
ments introduced  alternating  lamps, 
first  the  open  multiple  series  lamps, 
of  the  Thompson  1893  type,  which 
were  antedated  by  an  alternating 
lamp  run  on  a  series  transformer 
k)iown  as  the  ribbon  feed.  Develop- 
ment of  the  enclosed  arc  lamp  oc- 
curred about  1895-1896.  At  that  time, 
from  1896  to  1898,  through  that  pe- 
riod, the  enclosed  lamp  was  rapidly 
introduced;  the  production  of  the 
open  arc  soon  began  to  drop,  and 
the  enclosed  arc  predominated  until 
the  annual  production  of  the  General 
Electric  Company  at  present  is 
100,000  enclosed  arc  lamps,  and  we 
do  not  make  any  of  the  open  type; 
in  fact,  it  zvould  be  practically  im- 
possible to  get  the  supply  parts. 

Q.  How  with  reference  to  other 
manufacturers  of  open  arc  lighting 
apparatus  ? 

A.  The  same  history.  The  Brush 
Company  has  gone  through  the  same 
cycle,  and  is  not  doing  anything  now. 

Q.  Some  witness  has  stated  here 
that  no  other  lamp  than  the  9.6  am- 
pere was  in  use  in  the  year  1898.    I 


DIRECT   EXAMINATION— RYAN . 


193 


will  ask  you  if  you  have  any  book 
or  discussion  of  that  subject  to  sup- 
port your  own  recollection,  and  if 
so,  to  read  such  parts  as  may  be 
material  ? 

A.  I  have  here  a  paper  read  in 
June,  1898,  hy  H.  A.  Wagner,  "Pro- 
ceedings of  the  National  Electric 
Light  Association,"  twenty-first  con- 
vention, Chicago.  The  paper  was  on 
the  subject  of  general  distribution 
from  central  stations  by  alternating 
currents.     Page  135  reads; 

"It  seems  nozv  to  be  the  universal 
opinion  among  Edison  station  men 
that  the  enclosed  arc,  long  burning 
lamp  is  destined  to  replace  all  the 
old  forms  of  arc  lamp.  We  will 
therefore  consider  this  type  of  lamp 
only.  Fully  as  well  burning  lamps 
of  this  type  are  now  made  for  alter- 
nating current.  They  are  also  about 
as  free  from  noise  as  the  direct  cur- 
rent lamps."  And  on  page  161;  "Arc 
lamps  have  been  familiar  to  us  on 
alternating  current  circuits  for  some 
time,  and  the  alternating  current,  en- 
closed, long  burning  arcs  are  now 
numbered  by  the  thousands.  Street 
lighting  is  still,  however,  in  most 
places  done  on  the  direct  current 
series  system,  and  even  the  largest 
machines  yet  built  for  this  purpose 
are  very  small  in  comparison  with 
our  large  direct  connected  gener- 
ators." 

Q.  That  was  a  fair  statement  of 
the  condition  of  the  art  as  to  the 
old  open  type  arc,  and  the  enclosed 
arc,  in  the  year  1898? 

A.     Yes. 

Q.  Will  you  please  state  generally 
the  reasons  which  have  conduced  to 
the  passing  of  the  old  style  open  arc, 
9.6  ampere  direct  current  light? 


A.  In  the  first  place,  the  outages 
and  poor  service  rendered  were  a 
constant  source  of  complaint  by  the 
various  towns  and  cities.  Owing  to 
inherent  defects  which  cannot,  or 
could  not  be  overcome,  it  was  prac- 
tically impossible  to  operate  those 
lamps  in  what  might  be  called  a  sat- 
isfactory manner.  On  the  testing 
racks  in  the  factory  we  could  not 
keep  the  lamp  closer  than  from  five 
to  seven  volts  by  crocusing  the  rods 
and  putting  them  in  their  very  best 
condition;  when  they  were  placed  in 
the  streets,  subjected  to  the  atmos- 
phere, the  change  of  temperature, 
wind,  dust,  rain  and  other  things  of 
that  sort,  lamps  put  out  in  what 
would  be  considered  perfect  condi- 
tion, and  cleaned  as  far  as  it  was 
possible  to  clean  them  at  the  pole, 
by  Jhe  trimmer,  would  in  many  cases 
vary  as  much  as  fifteen  volts  or  more. 

Q.  On  whose  part  did  those  com- 
plaints arise? 

A.  Sometimes  from  the  city; 
sometimes  from  the  electric  lighting 
companies.  In  many  cases  the  elec- 
tric companies  were  obliged  to  pay 
for  outages,  and  the  outages  were 
tremendous.  Among  many  stations 
I  might  say  the  lamps  ivere  not  kept 
up  as  well  as  they  might  be,  but  even 
when  they  were  kept  up  as  good  as  it 
was  possible  to  keep  them,  still  the 
lamps  were  unsatisfactory. 

Q.  But  you  do  not  attribute  the 
passing  of  the  lamp  then  to  the  fail- 
ure of  the  central  stations  to  operate 
them  to  the  best  of  their  ability? 

A.  I  don't  think  that  is  the  case 
There  may  have  been  certain  cases 
of  that  kind,  but  it  was  not  the  gen- 
eral situation. 

Q.     But  rather  to  the  inherent  de- 


194 


DIRECT  EXAMINATION— RYAN. 


fects  in   the  lamp  itself,  which  pre- 
vented better  service? 

A.  Coupled  with  the  fact  that  it 
was  an  expensive  lamp  to  operate, 
and  there  was  a  demand  by  the  vari- 
ous cities  for  reduced  rates.  Further 
than  that,  the  enclosed  lamp  zifas 
early  recognised  as  an  illuminant, 
superior   to   the  open  arc. 

Q.  Now,  Mr.  Ryan,  please  ana- 
lyze the  report,  Exhibit  B,  and  give  a 
comparison  of  the  different  qualities 
of  diffusion  of  light,  and  kindred 
matters. 

A.  I  zvill  pass  over  the  "Theory 
of  Light,"  and  the  "Law  of  Radi- 
ation," given  in  the  first  part  of  the 
pamphlet,  and  read  a  few  words  on 
the  photometric  subject  from  page 
4.  "Photometric  measurements  are 
usually  made  by  placing  a  light  to  be 
measured  opposite  some  standard 
light,  and  moving  a  screen  between 
them  to  a  point  where  a  greased  spot 
on  the  center  of  the  screen  disap- 
pears; this  indicates  that  the  light 
on  both  sides  of  the  screen  is  equal. 
The  intensity  of  the  light  being  meas- 
ured may  be  read  directly  from  a 
scale  laid  out  in  accordance  with  the 
law  of  inverse  squares. 

For  measuring  arc  lights  it  is 
usual  to  employ  a  phototneter  with 
a  crane  at  one  end,  which  permits 
the  lamp  to  be  raised  or  lowered  so 
as  to  obtain  light  at  different  angles, 
the  light  being  reflected  to  the  screen 
on  the  photometer  bar  by  a  suitable 
mirror.  There  are  also  other  satis- 
factory methods. 

In  the  measurement  of  incandes- 
cent lamps  it  is  customary  to  rate 
them  in  horisontal  candle  power. 
Measurements  of  such  lights  are  eas- 
ily made,  but  with  arc  lamps  it  is 
a  difficult  problem,  as  the  light  varies 


enormously  in  different  directions, 
and  at  different  intervals  of  time. 

There  are  many  ways  of  express- 
ing the  candle  poiver  of  an  arc  lamp. 
Some  take  the  average  of  the  light 
throivn  in  all  directions,  namely, 
mean  spherical;  others  the  average 
of  light  in  the  lozver  hemisphere,  or 
over  a  selected  number  of  degrees, 
such  for  example,  as  from  the  hori- 
sontal to  sixty  degrees  below..  Then 
again  rve  may  use  the  average  of 
the  maximum  readings  or  minitnum 
readings,  or  the  mean  average  of  all 
readings,  but  the  usual  way  to  refer 
to  the  candle  poiver  of  an  arc  lamp 
is  by  its  maximum,  nothzuithstanding 
that  this  actually  means  less,  as  far 
as  the  value  of  light  is  concerned, 
than  any  other  comparison  which 
might  be  employed. 

Of  course  it  is  well  known  that 
the  so-called  2000  candle  power  di- 
rect current  open  arc  lamp,  taking 
about  10  amperes  at  48  volts,  docs 
not  give  the  candle  power  at  which 
it  is  nominally  rated.  It  is  possible, 
hoivever,  to  get  a  freak  reading  of 
1700  or  1800  candle  pozver,  when  the 
crater  is  all  exposed  on  one  side  of 
the  carbon,  but  the  average  maxi- 
mum candle  power  is  about  1250  at 
an  angle  of  45  degrees." 

Q.  May  I  interrupt  you  to  ask  if 
there  has  at  any  time  been  an  actual 
2000  candle  power  lamp  or  light  of 
the  arc  kind? 

A.  Nothing  commercial,  in  gen- 
eral use  for  street  lighting.  "By  re- 
ferring to  candle  power  curves, 
(Exhibit  B)  Figure  3,  the  distribu- 
tion of  light  from  an  enclosed  arc 
lamp  zvill  be  readily  observed.  These 
readings  represent  the  average  maxi- 
•■nu\n  of  the  different  lamps  equipped 
commercially   as   they   should   be   in 


DIRECT  EXAMINATION— RYAN. 


195 


service,  that  is,  with  the  proper 
globes,  reflector,  etc. 

The  leading  characteristics  of  the 
open  arc  lamp  is  a  long  narrow  lobe 
of  light.  In  contrast  zee  have  the  en- 
closed arc  zvith  a  short  full  lobe, 
the  advantages  of  zvhich  are  shown 
in  illumination  curves,  Figure  4." 

In  Figure  4,  B  represents  the  di- 
rect current  enclosed  arc,  taking  the 
same  voltage  and  energy  as  the  di- 
rect current  open,  shoivn  in  A.  By 
looking  at  the  cun'cs  you  will  gain 
the  impression  that  there  was  con- 
siderable more  light  from  A  than  C 
or  B,  due  to  the  fact  that  the  polar 
curve  always  giz-cs  a  wrong  impres- 
sion. It  is  difficult  for  one  zvho  is 
not  used  to  reading  these  curves  to 
get  aivay  from  the  impression,  in  a 
curve  of  this  kind,  or  a  curve  similar 
to  Professor  Matthews',  of  an  e.v- 
aggcrated  idc.i  of  the  value  of  a  high 
candle  power  lamp.  The  effect  of 
curve  A  is  to  produce  a  very  bright 
spot  on  the  ground  near  the  pole: 
the  effect  of  C  or  B  is  to  raise  the 
illumination  and  throw  it  out  tozvards 
the  horizontal.  You  do  not  in  that 
illustration  sec  what  happens  when  A 
feeds,  at  which  time  there  is  a  tre- 
mendous difference  in  candle  power; 
as  a  matter  of  fact  it  is  about  cut 
in  two,  falling  zvay  below  the  curve 
A,  ozving  to  the  peculiarity  of  the 
diagram  it  gives  an  impression  of 
the  situation  different  from  that 
which  really  exists. 

Q.  Now  what  about  the  curves  C 
and  B,  which  I  understand  repre- 
sent enclosed  arc  lamps,  as  distin- 
guished from  curve  A,  which  is  the 
9.6  ampere  open  arc  lamp? 

A.  Curves  C  and  B  have  the  max- 
imum at  a  high  angle,  or  near  the 
horisontal;  they  do  not  put  the  strong 


illumination  on  the  ground  near  the 
pole;  when  an  enclosed  arc  lamp, 
either  of  these  represented  by  C  or 
B,  feeds  it  doesn't  drop  its  candle 
power  to  anything  like  the  same  ex- 
tent. In  other  words,  if  we  consider 
candle  power,  we  must  introduce  the 
time  element;  it  is  not  what  a  man 
can  do  zvith  a  lamp  in  the  laboratory, 
under  fixed  conditions,  but  what  will 
that  lamp  do  if  allowed  to  feed  as 
in  the  ordinary  course  of  its  opera- 
tion; that  is  what  we  must  get  at. 

Q.  I  want  to  ask  you,  what  is  the 
object  in  lighting;  to  bring  a  greater 
amount  of  light  to  the  horizontal 
plane,  or  to  incline  it  to  the  angle 
represented  by  curve  A? 

A:  To  raise  the  illumination  to- 
zvards the  horisontal.  In  the  illu- 
mination of  a  street,  the  object  from 
an  illuminating  engineering  point  of 
viezv  is  to  throw  the  light  as  far 
azvay  from  the  lamp  as  possible,  and 
cut  down  the  strong  light  near  the 
pole.  Curve  A  zvill  naturally  throw 
its  maximum  light  at  a  point  near 
the  ground,  possibly  within  thirty 
or  forty  feet  of  the  pole,  with  a  very 
dark  shadow  in  the  center.  The  lamp, 
B,  while  not  giznng  as  much  light 
near  the  Pole,  gives  more  light  at 
the  distant  point. 

Q.  Why  does  it  give  more  light 
at  a  distant  point? 

A.  Because  its  illumination  in  high- 
er angles  is  relatively  stronger.  Its 
curve  crosses  the  other  curves  out 
toward  the  horizontal.  The  curves 
A,  Figures  3  and  4,  represent  a  fixed 
condition;  that  is  to  say,  for  48  volts 
at  the  terminals.  You  will  observe 
that  curves  C  and  B,  between  the 
horisontal,  and  ten  degrees  below, 
give  a  higher  candle  pozver  than  the 


196 


DIRECT   aXAMINATlON—RYAN. 


lamp  represented  by  curve  A.  It  is 
quite  possible  to  obtain  momentary 
candle  power  even  above  the  limit 
represented  by  A,  but  just  after  the 
lamp  represented  by  curve  A  feeds, 
its  candle  power  falls  far  inside  the 
enclosed  are  curve.  Referring  to 
Figure  sA,  you  have  the  open  arc 
lamp  as  if  starts,  giving,  if  the  lamp 
is  in.  good  co)idition,  somezvhcre 
around  6oo  candle  pozvcr  maximum. 
When  it  reaches  48  volts  at  the  ter- 
minals, it  should  be  giving  about 
1250;  then  if  it  is  in  very  good  con- 
dition, the  lamp  should  feed;  just 
before  feeding  it  would  probably  go 
somewhere  between  1400  and  1600 
candle  power  as  a  maximum.  That 
feed  constantly  takes  place  at  inter- 
vals of  anywhere  from  four  to  ten 
minutes. 

Q.  At  the  time  of  feeding  what  is 
the  effect  upon  the  light? 

A.  You  have  a  tremendous  varia- 
tion in  the  candle  pozver  zvhich  is  rep- 
resented by  the  curve  in  Figure  8. 
In  the  same  Figure  8,  it  will  be  seen 
that  the  enclosed  arc  light  doesn't 
go  through  the  variation.  It  picks 
up  at  intervals  anywhere  from  half 
an  hour  to  possibly  four  hours,  and 
then  it  drops  its  candle  power  just 
an  instant  and  is  back  again  to  the 
same  value.  Aside  from  some 
mechanical  trouble,  which  might  oc- 
cur incidentally  to  any  piece  of  ma- 
chinery, the  A.  C.  lamp  should  con- 
tinue to  give  about  the  same  total 
light  flux,  over  a  period  of  an  hour 
or  a  week,  as  the  case  might  be.  You 
have,  however,  some  variation  in 
light,  due  to  the  wandering  of  the 
arc  from  side  to  side;  that  is  a 
defect  which  exists  in  the  open  arc, 
only  more  exaggerated.  See  Fig- 
ures 6A  and  61J.    I  might  stale  that 


the  variation  shozvn  for  the  enclosed 
arc  lamp  is  greater  than  that  which 
actually  exists  in  the  recent  lamps. 

Q.  Will  you  describe  the  exag- 
geration that  is  found  in  the  open 
arc    lamp? 

A.  With  the  arc  on  one  side,  the 
other  side  is  screened  by  the  crater, 
and  you  obtain  an  effect  shozvn  in 
either  of  the  outside  diagrams  Fig- 
ure 6A.  When  the  arc  is  in  the 
center,  you  have  two  lobes  of  equal 
size;  when  the  arc  feeds  the  lobes  are 
smaller  than  those  shown,  so  that 
you  have,  over  a  period  of  time, 
large  lobes  and  small  lobes.  The  re- 
sult is  the  light  on  the  higher  side  is 
naturally  exaggerated,  as  shown  in 
the  top  illustration.  Figure  7,  which 
represents  the  open  arc;  the  bottom 
one  the  enclosed  arc.  The  light  sec- 
tion representing  the  intensity  of  the 
light  on  the  street  at  any  given  point. 

Q.  Does  that  mean  there  is  no 
light,  practically  speaking,  at  the 
point  between  the  D.  C.  lamps? 

A.  On  the  weak  side,  yes. 

Q.  Now  how  often  does  that  con- 
dition of  an  absolute  disappearance 
of  light  on  the  weak  side  of  the 
direct  current,  open  arc,  9.6  ampere 
lamp,  occur? 

A.  It  depends  entirely  upon  con- 
ditions; zifind,  rain,  humidity  and 
dust.  As  a  general  thing  you  might 
expect  any  open  lamp  to  do  that 
four  or  five,  perhaps  ten  times  a 
night,  depending   on  its  adjustment. 

Q.  Now  take  the  second  row  of 
illustrations,  Figure  7,  and  explain  to 
what  they  refer. 

A.  They  represent  similar  condi- 
tions for  the  enclosed  arc.  You 
have  first  on  the  left  at  the  bottom, 


DIRECT   nXAMlNA TIOX—RVAK. 


T97 


the  normal  arc;  second,  the  arc  off 
center,  and  third,  the  short  arc,  and 
fourth,  the  excessively  long  arc.  You 
will  observe  that  the  difference  be- 
tween the  short  arc  and  the  long  arc 
is  practically  nothing;  it  is  very 
small,  and  therefore  the  light  is  bet- 
ter distributed. 

Q.  In  other  words,  the  enclosed 
type  of  lamp  illustrated  by  the  sec- 
ond diagram  is  a  superior  illuminant 
to  the  old  9.6  ampere,  which  varies 
in  the  manner  shown  in  the  upper 
diagram? 

A.  Yes,  superior  because  it  is 
whiter,  and  there  is  an  absence  of 
shadows;  but  of  course  the  other 
lamp  gives  more  candle  power. 

Q.  Now  look  at  the  Figure  8,  and 
explain  it. 

A.  That  jagged  curve  is  intended 
to  further  illustrate  the  feeding  of 
the  9.6  open  arc  lamp.  If  we  take 
the  mean  hemispherical  candle  power 
of  the  open  lamp,  we  find  that  start- 
ing somewhere  about  250,  in  say 
fourteen  ini)iutes  it  increases  up  to 
about  600,  then  it  drops  doivn  to 
about  150;  then  it  climbs  up  about 
750;  then  in  a  few  minutes  drops 
dozvn  again;  this  goes  on  at  from 
four  to  fifteen  minute  intervals. 

Q.  What  is  the  horizontal  line  run- 
ning through  Figure  8? 

A.  That  represents  the  mean  hetni- 
s/>herical  candle  pozcer  of  the  en- 
closed arc  lamp. 

Q.  Now  please  proceed  reading 
from  Exhibit  B.,  on  page  7. 

A.  "The  10  ampere  open  arc  lamps 
burn  with  a  very  short  arc,  approxi- 
mately one-eighth  inch.  About  ten 
per  cent,  of  the  total  light  comes  from 
the  arc,  five  per  cent,  from  the  heated 


carbon  tips,  and  the  remaining  85 
per  cent,  is  emitted  by  the  crater  on 
the  end  of  the  positive  carbon. 

The  intensity  of  the  light  in  any 
given  direction  is  approximately  pro- 
portional to  the  amount  of  the  crater 
area  visible  from  any  point  in  that 
direction.  When  the  arc  is  in  the 
center  of  the  carbons  and  burns 
normally,  the  largest  portion  of  the 
crater  is  visible  at  an  angle  of  45 
degrees;  hence  the  greatest  light  in 
this  direction. 

At  70  degrees  below  the  hori- 
zontal the  lower  carbon  practically 
intercepts  all  the  light  from  the  cra- 
ter, throwing  a  shadow  on  the  ground 
directly  beneath  the  lamp.  This 
shadow,  in  conjunction  with  those 
cast  by  the  side  rods,  forms  one  of 
the  principle  objections  to  the  em- 
ployment of  open  arc  lamps  for 
street  illumination." 

Q.  Some  witness  testified  that  the 
shadow  of  the  enclosed  arc  lamp  was 
greater  than  that  under  the  open  arc; 
is  that  so? 

A.  No,  the  shadow  under  the  en- 
closed arc  lamp  is  very  much  less, 
even  with  a  clear  globe;  with  an 
opal  globe  it  entirely  disappears. 

Q.  So  that  you  take  a  contrary 
position  upon  that  point? 

A.  Absolutely.  "In  contrast  to 
this  zve  have  the  enclosed  arc  lamp,  a 
long  arc  burning  in  air,  which  is 
practically  free  from  oxygen.  Al- 
though most  of  the  light  comes  from 
the  crater,  still  a  greater  percentage 
is  emitted  directly  by  the  arc  itself, 
ozving  to  its  length.  A  large  por- 
tion of  the  crater's  area  is  visible  over 
a  wider  vertical  angle,  and  the  crater 
is  not  so  concave  as  in  the  open  arc; 
hence  less  concentration  and  better 
distribution  of  light. 


iqS 


DIRECT  BXAMINATION—RYAN. 


In  open  arc  lamps  two  distinct 
variations  in  the  light  are  constantly 
taking  place.  One  is  caused  by  the 
increased  length  of  the  arc  from  the 
picking  up  to  the  feeding  points, 
thus  making  a  great  variation  in  the 
mean  spherical  candle  power  and 
ivatts  at  arc  at  different  intervals  of 
time.  (Fig.sA)  The  other  variation 
is  caused  by  the  wandering  of  the 
arc,  due  to  the  non-homogeneity  of 
the  carbons  and  drafts  of  zvind.  {Fig. 
6A)  In  strong  winds  the  variations 
may  become  so  rapid  as  to  produce 
flickering  of  the  light.  These  varia- 
tions cannot  be  controlled  satisfac- 
torily. 

In  the  enclosed  arc  lamps  there  is 
very  little  change  in  the  length  of  the 
arc  at  any  time.  (Fig.  5B)  The 
principle  variation  in  the  light  is 
caused  by  the  travel  of  the  arc  over 
the  fiat  carbon  ends.  When  the  arc 
is  in  the  center  of  the  carbons  we 
have  equal  lobes  of  light  on  opposite 
sides.  When  the  arc  travels  to  the 
edges  of  the  carbons,  the  lobe  of 
light  on  one  side  becomes  enlarged, 
while  the  lobe  on  the  opposite  side 
is  reduced.     {Fig.  6  5.) 

Now  I  would  like  to  state  that  the 
curve  shown  in  Figure  4,  is  the 
average  maximum  illumination,  zvhich 
means  merely  an  average  of  the 
highest  readings,  exclusive  of  the 
freaks.  What  I  mean  by  a  freak  is 
that  it  is  quite  possible  to  obtain  a 
reading  anywhere  from  700  to  1000, 
and  possibly  1200  candle  poiver,  un- 
der certain  conditions,  from  an  en- 
closed arc  lamp,  but  that  is  an  abso- 
lute freak,  and  should  not  he  included 
in  the  results,  and  is  not  so  included 
in  these  results.  I  have  obtained 
from  open  arc  lamps  freaks  up  to 
about  1800.  Let  me  continue  read- 
ing : 


"Notwithstanding  this,  the  mean 
spherical  candle  power  of  the  lamp 
remains  practically  constant  at  all 
times.  {Fig.  7.)  Furthermore,  the 
variation  in  the  light  referred  to  can 
be  greatly  reduced  by  the  use  of  an 
opal  enclosing  globe  which  becomes 
luminous  all  over,  and  obliterates 
the  shadows  -which  would  otherwise 
be  cast  by  the  side  rods  and  the  lower 
carbon.  Even  if  we  use  a  clear  en- 
closing globe,  the  shadows  are  not 
so  strong  in  contrast  as  those  of  the 
open  arc." 

Q.  Just  a  moment.  What  effect 
does  an  opalescent,  enclosing  globe, 
Exhibit  D,  have  upon  candle  power? 

A.  It  reduces  the  candle  power 
slightly,  and  improves  the  distribu- 
tion, illustrating  very  beautifully  that 
you  can  cut  your  candle  power  down 
and  improve  your  lighting.  For  ex- 
ample, tve  will  assume  that  with  a 
clear  enclosed  globe  a  ray  of  light 
from  an  arc  lamp  starts  off  at  an 
angle  of  35  degrees  below  the  hori- 
sontal;  that  is,  the  maximum  ray 
will  strike  not  so  very  far  from  the 
pole,  while  the  ray  that  should  nat- 
urally go  to  the  great  distance  passes 
through  the  clear  glass  with  small 
absorption;  by  introducing  the  opal- 
izcd  glass  this  same  ray  is  partly  ab- 
sorbed; but  it  will  be  compensated 
for  by  re-radiated  light  from  other 
portions  of  the  globe  made  luminous 
by  rays  zvhich  zvith  a  clear  globe 
would  strike  near  the  pole.  You  ac- 
tually lose  in  candle  pozver,  but  you 
change  the  character  of  the  distribu- 
tion, and  raise  the  maximum  a  lit- 
tle nearer  the  horisontal.  For  in- 
stance, you  may  take  light  of  a  cer- 
tain given  candle  power  and  do  very 
excellent  illuminating  work,  zvhile 
with   a   lamp    of   twice,   or  possibly 


DIRECT  EXAMINA  TIOX—R VAN. 


199 


three  or  four  times  that  power,  you 
may  not  do  so  well  if  the  candle 
power  is  not  in  the  proper  direction. 

Q.  And  in  which  direction  is  the 
candle  power  of  a  9.6  as  compared 
with  the  enclosed  arc? 

A.  It  is  about  45  degrees  below 
the  horizontal  for  the  9.6  open  arc 
and  sotnewhere  around  30  to  35  de- 
grees for  the  enclosed  arc,  and  with 
the  opal  globe  you  probably  pull  that 
up  near  30  degrees. 

Q.  That  is  below  the  horizontal? 

A.  Yes,  and  by  putting  on  an  opal 
globe  you  will  bring  it  up  somewhere 
around  25  to  30  degrees;  depends  on 
the  density  of  the  globe;  the  greater 
the  density  of  the  globe,  the  higher 
you  raise  the  plane. 

Q.  That  is  now  25  to  30  degrees 
below  the  horizontal  for  the  en- 
closed arc  as  against  45  degrees  be- 
low the  horizontal  for  the  open  arc? 

A.  Yes,  the  enclosed  being  equip- 
ped with  an  opal  globe. 

Q.  And  which  is  the  more  favor- 
able angle  from  the  standpoint  of 
illumination  ? 

A.  The  higher  angle ;  if  you  could 
place  it  at  10  degrees,  you  would  be 
very  much  better  off  than  you  are 
now.    Let  me  read  again  : 

"//  candle  power  curves  {Fig.3) 
are  carefully  analyzed,  it  wil  be  ob- 
served that  ail  candle  power  ratings, 
cither  maximum,  mean  spherical,  or 
averages,  through  any  selected  angle, 
will  be  of  little  service  in  determin- 
ing the  commercial  illuminating  value 
of  different  lamps.  We  therefore 
turn  to  the  illumination  curves  (Fig. 
4)  as  being  a  more  satisfactory  so- 
lution of  the  problem.  These  curves 
show  the  intensity  of  the  illumination 
which  will  fall  upon  objects  on  the 


street  normal  to  the  rays  of  light  at 
different  distances  from  the  base  of 
the  pole  to  the  light  intersecting 
point  midway  between  lamps  300  feet 
apart.  The  light  from  the  480  watt 
direct  current  open  arc  lamp  is  supe- 
rior to  the  480  watt  direct  current  en- 
closed lamp  in  the  vicinity  of  the 
pole.  At  a  distance  of  about  100 
feet,  however,  the  curve  showing  the 
illumination  of  the  open  arc  indicates 
less  intensity,  and  from  this  out  to 
the  light  intersecting  point  the  en- 
closed arc  gives  a  stronger  illumina- 
tion. This  illumination  is  made  still 
more  effective  by  the  absence  of  the 
strong  glaring  light  in  the  immedi- 
ate vicinity  of  the  lamp.  This  is  an 
important  consideration  which  can 
be  better  appreciated  if  we  call  to 
mind  the  lag  between  the  time  we 
step  indoors  on  a  bright  sunny  day 
and  the  titne  required  for  the  eyes 
to  adjust  themselves  to  the  proper 
vision  of  the  lesser  interior  illumina- 
tion. 

When  we  walk  through  the  'bril- 
liantly illuminated  area  which  bor- 
ders the  shadow  zone  of  an  open  arc 
lamp  to  the  dimly  lighted  area  be- 
tzveen  lamps,  we  experience  precise- 
ly the  same  effect,  and  ive  would  be 
obliged  to  stand  at  the  latter  point 
several  minutes  before  zve  could  fully 
appreciate  and  use  to  the  best  ad- 
vantage the  amount  of  light  present." 

One  case  came  to  my  attention 
where  a  man  was  killed  in  the 
shadolu  of  an  arc  lamp  by  an  electric 
car;  the  shadozu  was  so  dense  that 
the  man  zvas  not  seen  bx  the  motor- 


Q.  What  do  you  say  with  refer- 
ence to  the  problem  suggested  by 
one  of  the  Arbitrators  to  the  pref- 
ence  you  would  have  in  driving  an 


DIRECT  BXAMINA  TION—R YAN. 


automobile  or  carriage  toward  or  un- 
der these  respective  light  conditions? 
A.  There  is  no  question  but  that 
it  zvould  be  very  much  safer  to  drive 
under  the  enclosed  arc  lamp.  It  is 
extremely  difficult  to  drive  under  any 
kind  of  an  arc  lamp,  but  I  have 
heard,  on  different  occasions,  zvhere 
chiefs  of  fire  departments  have  said 
they  could  drive  faster,  and  could 
make  their  hose  connections  better 
at  the  hydrants,  under  enclosed  arc 
lamps,  as  frequently  about  the  time 
they  ivere  ready  to  make  the  con- 
nection, down  would  go  the  arc  of 
an  open  lamp,  and  they  zvould  have 
to  depend  on  their  lamps  or  lanterns. 

Q.  Proceed  reading,  Mr.  Ryan. 

A.  "It  is  therefore  clearly  evident 
that  a  source  of  light,  which  gives 
a  strong  illumination  over  a  narrozv 
angle  covering  the  ground  near  the 
source,  is  to  be  regarded  as  inferior 
to  an  illuminant  which  projects  more 
light  to  the  light  ijttersecting  point, 
while  the  light  in  the  vicinity  of  the 
lamp  is  more  subdued.  Briefly  we 
can  sum  up  the  characteristics  of  the 
open  and  enclosed  direct  current 
lamps,  as  follozvs : 

Open  Arc  Lamp.  The  mean  spheri- 
cal candle-power  and  the  energy  re- 
quired at  the  arc  are  variable  at 
different  intervals  of  time  between 
the  picking  up  and  feeding  points. 

Fluctuation  of  the  light,  due  to 
wandering  of  the  arc,  in  very  marked, 
also  the  flickering  due  to  the  zvind 
and  non-homogeneity  of  the  carbons. 

Dense  shadozus  are  cast  by  tlie  low- 
er carbon  and  side  rods,  and  the  in- 
tensity of  the  light  in  the  vicinity  of 
the  pole  is  objectionably  strong,  while 
the  light  at  the  light  intersecting  point 
midway  between  lamps  varies  through 
wide  limits. 


Enclosed  Arc  Lamp.  The  mean 
spherical  candle-power  and  the  watts 
at  arc  remain  practically  constant  at 
all  times  betzveen  picking  up  and 
feeding  points. 

There  are  no  shadozus  cast  by  the 
carbons  or  the  side  rods,  and  the 
light  in  the  vicinity  of  the  lamp  is 
subdued,  while  the  average  light  mid- 
zuay  betzveen  lamps  is  slightly  strong- 
er than  the  open  arc,  and  is  not  sub- 
ject to  so  wide  a  variation. 

The  direct  current  enclosed  arc 
lamp  of  480  watts  is  superior  from 
an  illuminating  point  of  viezv  to  the 
direct  current  open  arc,  consuming 
appro.ximately  the  same  energy." 

Q.  Please  explain  the  illustrations 
Figures  20  and  21  ? 

A.  Figure  20  is  the  illumination 
from  a  9.6  ampere  series  D.  C.  open 
arc  lamp  on  short  arc,  showing  the 
shadow  zone,  zvith  an  opal  globe; 
that  is  a  night  photograph.  You  will 
observe  that  outside  of  the  black  cir- 
cle you  have  a  brilliant  ring;  just  be- 
yond that  everything  is  in  darkness. 
You  will  observe  that  the  buildings 
practically  disappear.  The  black  line 
on  the  left  indicates  the  side-rod 
shadow,  zvhich  you  have  no  doubt 
often  observed  swinging  across  the 
street,  z'ery  frcqucnty  frightening 
horses. 

Q.  Is  the  illustration,  Figure  21, 
a  correct  illustration  of  the  absence 
of  shadow  with  the  6.6  ampere  en- 
closed arc  light? 

A.  Equipped  zvith  an  opal  globe; 
zvith  a  clear  globe  there  zvould  be  a 
faint  shadozv,  but  nozvhere  of  the 
same  degree  as  is  indicated  in  Figure 
20;  there  wouldn't  be  one- fifth  the 
intensity. 

Q.  Proceed  reading. 


DIRECT   EXAMIXATIOX—RYAS. 


201 


A.  "Direct  Current  vs.  Alternating 
Enclosed  Arc  Lamps.  We  have  so  far 
confined  our  attention  to  the  relative 
merits  of  the  direct  current  lamps, 
both  open  and  enclosed.  We  will  now 
contrast  the  two  enclosed  arc  lamps, 
namely,  direct  current  and  alternating 
current,  each  consuming  approximate- 
ly the  same  watts  at  arc.  Referring  to 
candle-power  curves  (Fig.  3),  it  will 
be  observed  that  the  direct  current 
lamp  gives  slightly  more  light  than 
the  alternating. 

In  illumination  curves  (Pig.  4),  we 
also  note  that  the  direct  current  lamp 
gives  more  light  at  the  light  inter- 
secting point;  the  difference  is  not  so 
great,  however,  but  that  it  may  be 
nearly,  if  not  entirely,  compensated 
for  by  the  better  distribution  of  light 
from  the  alternating  lamp,  the  latter 
having  a  more  subdued  light  in  its 
immediate  vicinity,  zvhich  increases 
the  relative  effect  of  the  light  at  a 
distance  by  reduced  contrast. 

Carrying  efficiencies  back  to  the 
generator  shaft  would  in  many  cases 
throw  the  balance  in  favor  of  the  al- 
ternating arc,  but  the  efficiencies  of 
different  plants  are  so  greatly  modi- 
fied by  local  conditions  that  the  watts 
at  lamp  terminals  form  a  more  satis- 
factory basis  to  work  from." 

Now  I  would  like  to  say  in  that 
connection  that  the  advantage  of  the 
alternating  enclosed  arc,  where  it 
pulls  up  to  practically  the  same  il- 
luminating value  as  the  direct  current 
enclosed,  is  due  to  the  fact  that  the 
minimum  readings,  which  are  not 
shozvn  in  Pig.  4  are  higher;  they 
never  fall  quite  so  loiv  as  in  the 
direct  current  lamp,  and  the  charac- 
teristic is  more  near  spherical. 

Q.   Proceed. 

A.    "Globes.     The  light  from   the 


arc  is  subject  to  such  wide  vari- 
ation that  it  is  practically  impossi- 
ble to  operate  a  photometer  with 
sufficient  accuracy  to  determine  the 
relative  values  of  various  globe  com- 
binations. 

This  subject,  hozcever,  I  have  been 
enabled  to  investigate  zvith  consider- 
able accuracy  with  a  luminometer,  a 
simple  instrument  which  I  have  de- 
vised for  comparing  the  strength  of 
illumination  at  points  distant  from 
the  source." 

At  this  point  I  wish  to  state  that 
the  variations  are  so  great  in  the  arc 
light,  in  the  open  arc  particularly,  due 
to  different  causes,  that  we  found 
it  very  difficult  to  arrive  at  any  satis- 
factory conclusions  as  to  their  rela- 
tive illuminating  effects.  I  should 
like  to  explain  the  luminonieter, 
which  is  merely  a  box  imth  some 
cards  printed  in  different  sized  type. 
The  method  of  using  this  instrument 
is  to  place  a  card  in  it,  such  as  Ex- 
hibit E,  and  go  to  a  distance  from  a 
lamp  to  be  observed,  and  gradually 
work  back  towards  the  light  until  the 
character  of  the  card  selected  can  be 
read.  In  using  the  instrument  a  diffi- 
culty arose  due  to  the  fact  that  if  one 
knezv  what  he  were  reading  the  mem- 
ory would  help  him  see,  which  zvas  a 
very  serious  situation  where  actual 
measurements  were  to  be  obtained. 
To  obviate  that  I  had  a  series  of  cards 
printed  zvith  letters  of  no  particular 
meaning,  such  as  Exhibit  P. 

Por  our  tests  a  lamp  zcas  so  ar- 
ranged that  it  could  be  turned  around 
to  bring  the  arc  on  the  same  or  oppo- 
site side  of  the  observers.  Complete 
szijitch-board,  all  the  necessary  in- 
struments and  various  lights  of  dif- 
ferent colors  for  signals  zvere  had. 
Pive  men  would  go  into  the  field, 
each  with    a    luminometer,  including 


202 


DIRECT   EXAMINA TION—R VAN. 


myself.  When  zve  were  ready  a  sig- 
nal 'Mould  be  g.icn;  say  for  inaxi- 
tntiin  rating,  the  lamp  would  be  turned 
so  that  the  arc  would  be  in  the  direc- 
tion of  the  observers;  they  would  go 
to  a  point  where  it  was  impossible  to 
see  the  characters,  and  gradually 
zvork  back  slozoly  until  a  reading 
could  be  obtained,  at  zvhich  point  a 
stick  with  a  number  on  it  zoould  be 
placed  on  the  ground,  representing 
the  lighting  distance  when  the  arc 
zuas  turned  around  towards  the  ob- 
servers. 

Occasionally  there  znould  be  freak 
readings,  and  after  some  investigation 
01  experience,  it  was  possible  to  avoid 
the  freaks.  Again  the  observer  zvould 
approach  the  lamp,  and  then  recede 
taking  readings.  In  one  case  your 
eyes  are  going  from  darkness  to  light 
and  in  the  other  case  they  are  going 
from  light  to  darkness;  one  to  com- 
pensate for  the  other.  Strange  to 
say,  the  sticks  would  get  placed  in 
just  about  the  same  spot,  approching 
or  receding  from  the  light,  which  zvas 
rather  unexpected. 

The  next  observation  would  be  zvith 
the  lamp  reversed,  zi'ifh  the  arc  on 
the  opposite  side  of  the  carbon  tips. 
In  order  to  prevent  the  men  from 
carrying  any  impression,  the  sticks 
zvere  removed  after  each  reading  zvas 
noted. 

Those  tests  were  carried  on  not 
only  to  cover  this  series  of  results, 
hut  they  zcere  carried  on  for  prac- 
tically a  year,  and  they  still  continue. 
If  zve  found  a  lighting  distance  of 
300  feet  on  one  reading  and  200  feet 
on  another,  zve  zvould  average  the 
Izvo,  and  give  the  average  result  as 
the  real  lighting  distance. 

Q.  Ts  there  any  I)cttcr  devico,  so 
far  as  you  know,  to  find  out  what 
the  lamps  are  doing? 


A.  I  don't  know  of  anything  that 
will  give  as  uniform  results,  although 
we  found  great  difficulty  zvith  the 
open  arc,  as  the  lighting  distance 
zvould  be  100  feet  on  one  reading, 
and  probably  600  feet  for  the  next, 
showing  the  tremendous  variation  in 
the  light  from  this  lamp. 

Q.  That  is  work  in  the  laboratory, 
or  where? 

A.     That  is  out  in  the  field. 

Q.  This  was  under  practical  con- 
ditions? 

A.  Under  practical  conditions. 
'Tests  were  conducted  on  the  various 
classes  of  globes  to  obtain  their  light- 
ing distances;  that  is  shown  by  Fig- 
ure 10.  The  6.6  ampere  series  alter- 
nating lamp  has  an  average  lighting 
distance  of  227  feet;  with  an  opal 
enclosing  and  a  clear  outer  globe,  the 
variation  is  from  143  to  310;  that  is 
a  variation  due  to  the  wandering  of 
the  arc;  and  I  would  refer  to  the 
point  I  made  earlier,  that  the  opal 
globe  while  absorbing  some  light,  by 
changing  the  character  of  distribu- 
tion actually  gave  you  a  greater  light- 
ing distance;  two  opal  globes  give 
you  a  smaller  variation,  but  the  den- 
sity is  so  great  then  it  zvould  hardly 
do  for  general  street  lighting.  It  is 
safe  to  say  for  the  opal  enclosing 
globe  there  is  a  gain  of  ten  per  cent, 
lighting  distance,  compared  zvith  the 
clear  globe. 

Q.  Mow  with  reference  to  some 
other  style  of  lamp? 

A.  The  direct  current  open  arc 
varied  so  much  that  zve  could  not 
make  any  definite  readings;  its  can- 
dlc-pozver  varies  betzveen  200  and  600 
feet. 

Q.     Whereabouts     then,     can     the 


DIRECT   EX  AM  IN  A  TIOX—R  VAX 


^03 


Board  of  Arbitration  put  their  finger 
itpon  the  mean  spherical  candle- 
power  limit? 

A.  It  depends  upon  the  ■weather, 
etc.;  the  conditions  that  zuould  obtain 
this  week  of  the  total  flux  delivered, 
might  be  entirely  different  next  zveek. 
Will  you  refer  to  lu)nino)neter  dia- 
gram Figure  15.  There  you  see  that 
the  enclosed  arc  lamps,  direct  current 
and  alternating  current,  taking  an 
equivalent  energy,  with  the  opal  and 
the  clear  globes,  give  very  little  dif- 
ference in  the  maximum  candle- 
power,  but  the  minimum  is  reduced, 
due  to  change  of  characteristics  due 
to  a  change  of  globe. 

Question  by  Arbitrator: 

Q.  Have  you  found  that  it  made 
any  difference  whether  an  observer 
was  near-sighted  or  not;  would  that 
same  ratio  hold? 

A.  No,  the  ratio  zuould  not  hold; 
it  is  necessary  to  select  your  men,  and 
calibrate  every  man;  we  calibrated 
the  men  every  other  night  on  these 
comparisons. 

Q.  What  do  you  mean  by  calibrat- 
ing a  man? 

A.  I  mean  zve  took  an  intensity 
of  about  .006  candle  foot  of  illumina- 
tion as  a  minimum:  if  a  man  can  not 
distinguish  the  characters  with  that 
illumination,  we  consider  him  defec- 
tive and  do  not  use  him.  After  you 
select  a  set  of  men  it  is  simply  the 
results  that  will  obtain,  as  illustrated 
in  Figure  15,  which  is  the  most  re- 
markable illustration  of  accuracy,  I 
have  ever  observed  in  any  lighting 
measurements  of  this  class.  Each 
man  is  represented  by  a  different 
character;  for  instance,  my  readings 
are  represented  by  an  x,  and  you  will 
observe  they  are  nearly  all  on  the 
right  hand  side  of  the  average,  show- 


ing a  little  personal  difference  in  ob- 
servation. 

Examination  Continued  by  Mr. 
Schuyler. 

Q.  Now  as  to  the  practical  part  of 
the  instrument? 

A.  It  zvould  hardly  do  to  place 
that  instrument  in  the  hands  of  one 
zvho  had  had  no  experience  with  its 
use,  and  ask  him  to  see  if  he  couldn't 
find  the  same  lighting  distance  we 
found;  he  might  see  to  read  with  a 
certain  degree  of  ease ;  the  next  man 
would  see  to  read  with  a  still  greater 
degree  of  ease,  or  would  strain  hard- 
er to  read  the  type,  and  of  course 
zvould  get  dissimilar  results;  for  in- 
stance, they  zvould  perhaps  take  a  fezv 
readings,  and  establish  a  certain  de- 
gree of  ease  of  reading,  and  then  go 
out  and  check  up  lamps  zvithout  any 
trouble,  but  not  make  scientific  read- 
ings, like  ours.  In  the  case  of  our 
tests  the  men  were  trained  to  it. 

Q.  Have  you  made  any  lumino- 
meter  tests  of  the  lights  in  this  city? 

A.  I  took  some  maximum  and 
minimum  readings  here  and  I  went 
to  Denver  and  checked  the  open  arc. 

Q.  What  do  you  say  as  to  the  re- 
sults of  your  luminometer  tests  in 
this  city? 

A.  The  lamps  were  working  nor- 
mally here. 

Q.  And  what  do  you  say  as  to 
the  Denver  9.6  old  style  direct  cur- 
rent open  arc  lamps? 

A.  They  were  working  a  little 
better  than  usual,  but  were  going 
through  the  ordinary  changes.  In 
two  or  three  instances  where  I  was 
within  25  feet  of  the  lamp,  I  couldn't 
read  the  luminometer  card,  and  again 
I  got  beyond  the  400  foot  mark  a  few 


204 


DIRECT   EXAMINATION— RYAN. 


times.     Nothing  out  of  the  ordinary 
developed. 

Q.  What  have  you  to  say  about 
Prof.  Shedd's  experiments,  at  last 
night's  session? 

A.  The  professor  merely  illus- 
trated the  fact  that  once  every  alter- 
nation there  is  momentarily  no  cur- 
rent flowing  in  the  alternating  cur- 
rent lamp,  at  zvhich  time  the  light  is 
actually  out;  which  is  admitted,  but 
during  the  period  that  the  A.  C.  arc 
is  burning  it  is  brighter  than  the 
continuous  current  arc  taking  the 
same  energy;  so  that  the  illuminating 
result  amounts  to  about  the  same 
thing. 

Q.  I  understand  your  position  to 
he  then  that  a  candle-power  in  the 
neighborhood  of  the  horizontal  is 
much  more  effective  for  illuminating 
purposes? 

A.  Much  more  effective  for  street 
illumination;  from  say,  five  degrees 
belozv  the  horizontal  dozvn  to  about 
20  degrees  below  the  horizontal  is  the 
most  useful  for  the  purposes  of 
street  lighting. 

Q.  And  that  a  lamp  which  tends 
to  throw  candle-power  toward  the 
horizontal  of  much  less  candle-power 
may  be  more  effective  than  a  lamp 
of  greater  candle-power,  tending  to 
throw  it  away  from  the  horizontal? 

A.  That  is  the  exact  situation,  and 
one  of  the  reasons  xdiy  the  enclosed 
arc  lamp,  giving  less  total  candle- 
power,  is  considered  a  superior  illum- 
inant,  and  is  replacing  the  open  arc 
lamps. 

Q.  Mr.  Ryan,  you  have  heard  the 
testimony  with  reference  to  the  tests 
made  by  Professors  Shedd,  Strciby, 
Armstrong,  and  Matthews,  upon  the 


streets  of  the  ciLy  of  Colorado 
Springs,  represented  in  figures  by 
Exhibits  Nos.  26  and  27.  I  wish  to 
ask  you  as  an  electrical  engineer  to 
express  your  views  upon  the  fairness 
of  those  tests  as  determining  what 
the  other  lamps  in  the  city  of  Colo- 
rado Springs  were  doing  at  those  re- 
spective times? 

A.  Anszcering  the  question  exclu- 
sive of  the  question  of  candle-power 
I  should  say  it  zi'as  a  very  small  num- 
ber of  lamps  to  take  as  an  average  to 
figure  up  the  output  of  the  entire 
plant  of  that  sice. 

Q.  By  taking  a  lamp  or  so  in  one 
or  two  circuits  can  you  in  -any  way 
determine  what  is  being  done  upon 
the  other  circuits? 

A.    I  don't  see  hozv  you  can. 

Q.  Would  you  then  call  that  test 
so  made,  in  any  sense  a  fair  test  as 
representing  the  average  of  what  the 
entire  system  of  lamps  in  the  city  of 
Colorado  Springs  is  doing,  or  was 
doing  at  those  respective  dates? 

A.  No,  I  don't  see  hozv  you  could 
do  that. 

Q.  State  your  reasons  why  it 
wouldn't  be  fair? 

A.  Because  conditions  vary  in  the 
lamps  to  a  certain  extent.  The  en- 
closed arc  lamp  has  the  natural  de- 
fects of  mechanism  incidental  to  all 
pieces  of  machinery,  no  matter  hozv 
Z'.'ell  made,  and  zvind  storms,  or  other 
reasons  might  produce  some  injury 
to  the  lamp,  or  change  its  condition 
from  perfect:  a  little  off  adjustment, 
might  throzv  one  a  little  high  and 
another  lozv:  if  it  so  happened  that 
they  obtained  a  lamp  in  either  the 
high  or  the  lozv  condition,  then  it 
zvould  either  give  you  an  impression 


DIRECT  EXAMINATION— RYAN. 


that  the  lamps  were  doing  better  than 
the  average,  or  doing  zvorse  than  the 
average;  and  I  should  hesitate  to  ac- 
cept a  "snap"  test  of  this  kind  to 
represent  the  condition  of  that  plant 
even  for  one  year. 

Q.     Would   it,    in   your  judgment, 
be  in  any  sense,  a  fair  basis  for  com 
puting  or  measuring  the  amount  of 
money  to  be  paid  for  or  received  by 
a  party,  covering  any  period  of  time? 

A.     I  hardly  think  so;  no. 

Q.  And  wouldn't  it  be  equally 
true,  not  only  as  to  the  months  pre- 
vious to  the  dates  those  were  made, 
but  also  as  to  each  night  on  which 
the  tests  were  made? 

A.  It  zuould  more  nearly  give  you 
an  idea  of  the  particular  night,  but 
still  I  don't  see  hoiv  you  could  accept 
it  as  indicating  zvhat  zvas  happening 
to  241  lamps  on  different  circuits. 

Q.  If  you  accompanied  tests  of 
this  character  by  visual  observation 
of  what  lamps  were  doing,  as  you 
went  up  and  down  the  streets,  would 
that  aid  in  any  way  the  accuracy  of 
the  test,  and  make  it  applicable  to 
general  conditions? 

A.  Visual  observation  is  a  very 
treacherous  thing.  For  instance,  the 
streets  of  this  city  I  should  say  zvcre 
somewhere  from  250  to  300  feet  wide. 
These  streets  are  relatively  wide;  the 
buildings  arc  very  dark,  and  the  illu- 
mination here  zi'ould  probably  seem 
much  less  brilliant  to  the  ordinary 
obserz'er  or  ez'en  a  keen  observer 
than  the  same  illumination  zvould 
compare  in  some  other  city,  where 
the  streets  zvere  narrow,  and  the 
buildings  of  a  somezvhat  lighter 
character.  That  is  a  general  state- 
ment of  the  condition. 


Q.    Do    you    know  the  streets    in 
Brookline? 
A.     Yes. 

Q.  Do  you  think  that  under  your 
statement  that  Dr.  Bell,  being  accus- 
tomed to  those  streets,  might  be  de- 
ceived by  the  brilliancy  of  the  lights 
in   those  streets? 

/].  /  don't  know  hozv  much  he 
would  be  deceiz'ed,  but  I  personally 
couldn't  carry  an  impression  from 
one  city  to  another;  although  I  will 
say  tliat  Brookline  has  the  advantage 
of  narrozv  streets. 

Q.  Is  visual  observation  in  any 
way  considered  by  the  profession  as 
an  element  of  testing  lights? 

A.    No. 

Q.  Is  it  to  be  depended  upon  in 
any  degree  for  the  purpose  of  ascer- 
taining accurate  data  with  reference 
to   what   lights   are  doing? 

A.     No. 

Q.  How  frequently  should  one 
check  the  condition  of  arc  lamps,  to 
ascertain  what  they  are  doing? 

A.  I  should  say  it  zvould  not  be 
necessary,  under  ordinary  conditions, 
to  take  them  oftener  than  once  a 
zveek,  or  once  every  other  week;  and 
if  you  zvanted  to  learn  accurately 
zvhat  they  zvere  doing,  you  would 
have  to  test  them. 

Q.  How  mau}^  lamps  would  you 
take   into  consideration? 

A.  You  should  test  at  least  a 
third. 

Q.  Is  there  another  method  of 
testing? 

A.  Yes,  record  your  energy  at  the 
station  through  suitable  meters,  and 
deduct  the  losses.     Of  course,  in  or- 


206 


DIRECT   EXAMINATION— RYAN. 


der  to  do  this  a  daily  record  would 
be  necessary,  and  a  test  for  grounds. 

Q.  From  your  knowledge  of  the 
Colorado  Springs  plant  would  you 
say  that  would  be  a  practical  method 
of  getting  It  what  the  lamps  were 
doing   in   this   city? 

A.     I   would. 

Q.  Express  your  views  upon  Ex- 
hibits Nos.  28  and  29. 

A.  It  is  hardly  fair  to  take  tests 
of  this  kind  where  a  limited  number 
of  readings  have  been  taken,  and 
criticise  them,  because  even  with  the 
best  of  apparatus,  and  the  greatest 
of  care,  you  zvill  get  big  differences. 
I  think  they  are  clearly  representa- 
tive of  the  laboratory  condition  of 
the  lamp,  taking  its  full  amount 
of  imttage.  If  tests  were  carried  on 
sufficiently  far  to  arrive  at  a  true 
character,  Figure  No.  29,  the  lower 
part  of  that  curve  would  have  a 
shorter  bend.  Aside  from  this,  they 
look  very  good. 

Q.  Do  you  think  the  conditions 
adopted  were  laboratory  and  not 
practical  ? 

A.  I  think  it  is  a  question  of  the 
laboratory  and  not  practical  condi- 
tions. 

Q.  Look  at  the  paper  marked  Ex- 
hibit 32,  or  the  enlargement  of  that, 
marked  Exhibit  "G",  and  state  what 
it   represents? 

A.  A  series  of  candle-power 
curves. 

Q.  Will  you  please  explain  tlie 
curve  marked  A,  and  the  peculiari- 
ties of  that  curve  as  you  see  them? 

A.  Curve  A  shows  a  fairly  good 
characteristic  of  the  9.6  ampere  open 
lamp,  and  is  fairly  representative  of 


what  it  should  do,  except  from  the 
horizontal  dozvn  to  30  degrees,  zvhere 
it  is  off;  and  this  is  the  most  critical 
part  of  the  curve.  It  shows  that  it 
has  not  been  carried  far  enough, 
that  is  all.  Furthermore,  it  is  very 
bad  to  jump  fifteen  degrees  at  the 
critical  point.  For  instance,  if  you 
have  a  reading  every  five  degrees 
beloru  the  horizontal,  five,  ten,  fif- 
teen, twenty,  twenty-five  and  thirty, 
then  the  error  which  evidently  oc- 
curred on  that  curve  would  have 
been  found,  and  the  large  swell  of 
the  curve  between  zero  and  thirty 
degrees  would  have  disappeared. 
But  that  is  not  of  any  great  signifi- 
cance, except  to  show  the  great  dif- 
ficulty of  obtaining  correct  curves 
even  ivith  the  very  best  apparatus, 
and  with  observers  of  experience 
ivho  do  their  best. 

Q.  Where  on  the  curve  is  the 
hissing    point? 

A.  Between  two  hundred  and 
three  hundred  candle-pozver;  but  the 
hissing  point  can  better  be  expressed 
in  volts;  about  37  volts  in  the  so- 
called  standard  lamps  of  the  Ameri- 
can class,  using  the  solid  carbons. 

Q.  And  what  would  you  say  as 
to  the  9.6  old  style  dropping  below 
the  hissing  point? 

A.  It  does  so  if  it  is  not  in  good 
condition;  if  a  storm  comes  up  you 
will  find  lots  of  them  down  below 
the   hissing   point. 

Q.  Which  tends  to  render  the 
candle-power  still  more  variable? 

A.  Yes.  I  think  it  is  a  very  good 
illustration  of  how  we  deceive  our- 
selves by  looking  at  a  polar  curve. 
In  Exhibit  No.  32,  A  appears  to 
giz'c  a  tremendous  candle-power  as 
compared   with    R.    but    if   you    7ir It 


DIRECT  EXAMINATION— RYAN. 


207 


compare  the  candle-power  of  A  and 
B  as  given  by  Professor  Matthews, 
you  will  find  that  there  is  no  such 
actual  difference. 

Q.  On  the  other  hand,  do  curves 
B  and  C  do  justice  to  the  candle- 
power  of  the  enclosed  arcs? 

A.  They  do  justice  from  a  lab- 
oratory point  of  viezv;  if  you  com- 
pare the  maximum  of  A  and  the 
minimum  of  A,  and  consider  the  time 
element,  and  take  your  curve  B  and 
treat  it  likewise,  then  you  will  find 
that  while  the  one  falls  far  below 
and  sweeps  above  its  average  candle- 
power,  the  other,  though  apparently 
less,  has  more  uniform  candle-power, 
with  the  net  result  that  the  total 
light  delivered  by  each  places  them 
on  a  very  fair  basis  of  equality,  pro- 
vided they  both  take  the  same 
amount   of  energy. 

Q.  So,  if  a  lamp  on  the  city 
streets    takes    the    same    amount    of 


power,  it  is  on  a  practical  illumi- 
nation equality  with  the  9.6  old  style 
direct  current  open  arc  lamp? 

A.  That  statement  would  have  to 
be  modified  within  certain  limits. 
For  instance,  you  could  have  a  cur- 
rent so  low  and  a  voltage  so  high  that 
the  amount  of  light  that  you  would 
get  for  a  given  amount  of  power 
consumed  would  not  be  anything  like 
what  you  obtain  from  the  present 
lights  that  you  have,  or  from  the 
open  arc  lamp;  but  they  are  on  a 
fair  basis  of  equality,  if  you  main- 
tain your  current  somewhere  between 
7  and  7.5  amperes,  but  not  below, 
and  the  lamps  are  properly  equipped. 
As  far  as  illuminating  value  is  con- 
cerned, a  6.6  ampere  enclosed  arc 
lamp  is  regarded  quiti  generally  over 
this  country  as  a  superior  illuminant, 
take  it  year  in  and  year  out,  to  the 
9.6  ampere  open  arc,  known  as  the 
450  watt   lamp. 

Board  adjourned. 


208 


DIRECT  EXAMINATION— RYAN. 


THE    BOARD    MET,    PURSUANT    TO    ADJOURNMENT, 
AT  9  A.  M.,  FEBRUARY  6,  1907. 


MR.  RYAN   resumed  the  stand. 

Direct  -  Examination  Continued 
by  Mr.  Schuyler. 

Q.  Mr.  Rj'an,  referring  to  the 
point  that  we  were  discussing  before 
the  last  adjournment,  I  ask  you  if 
you  desire  to  further  discuss  that 
proposition  ? 

A.  I  think  the  way  that  it  was 
stated  may  be  misleading.  A  distinc- 
tion must  be  made  betiveen  a  light 
which  could  fairly  be  considered 
over  a  period  of  time  the  equivalent 
of  the  open  arc  lamp,  standard  2,000 
candle-power,  and  a  lamp  zvhich 
could  fairly  be  substituted  on  the 
450-zvatt  basis  of  the  N.  E.  L.  A. 
resolution.  In  the  latter  case  a 
voltage  limit  should  be  set  at  about 
80  to  85  volts,  to  prevent  very  lozv 
currents,  and  excessively  high  volt- 
ages being  used. 

Q.  In  the  record  of  last  night 
you  spoke  of  maintaining  your  cur- 
rent somewhere  between  7  and  7.5 
amperes  ? 

A.  I  prefer  to  substitute  the  volt- 
age limitation  rather  than  the  cur- 
rent limitation.  The  current  limita- 
tion which  I  had  in  mind  last  night 
was  to  place  the  tzvo  enclosed  arc 
lamps,  namely  the  6.6  ampere  and 
the  7.5  ampere  alternating  arc  on 
practically  the  same  basis  of  illumi- 
nation. 

Q.  Has  candle-power  ever  been 
the  basis  of  measurement  for  the 
sake  of  arriving  at  amounts  to  be 
paid  and  received  in  street  lights? 

A.  I  do  not  know  of  a  single 
case   where    candle-potvcr   has   been 


used  as  a  basis  in   tlic  art  of  street 
lighting. 

Q.  Isn't  it  a  fact  that  the  term 
"candle-power,"  being  in  its  charac- 
ter such  a  variable  and  uncertain 
quantity,  has  simply  been  used  to 
apply  as  a  sort  of  designation  to 
different  types  and  classes  of  arc 
lamps? 

A.     Yes. 

Q.  What  was  the  proper  basis 
of  measurement  for  commercial  arc 
lighting,  upon  which  to  base  charges, 
liack  in  the  period  between  1895 
and    1900? 

A.  I  think  the  most  common  form 
zvas  the  selling  of  a  lamp,  zvith  a 
trade  name  of  standard  or  nominal 
2,000  candle-pozver,  it  being  under- 
stood that  the  lamp  should  con- 
sume an  average  of  450  watts  at  its 
terminals. 

Q.  Then  it  was  the  energy  con- 
sumed that  was  the  basis,  as  I  un- 
derstand it? 

A.     Yes. 

Q.  To  which  the  designation 
"candle-power,"  the  mere  name,  was 
applied? 

A.  Yes,  the  only  tangible  limi- 
tation. 

Q.  Yesterday  you  stated  that  in 
the  9.6  ampere  light,  the  old  style, 
the  variation  in  the  mean  spherical 
candle-power  was  such  that  in  prac- 
tical working  it  was  impossible  for 
the  Board  to  put  their  linger  upon 
any  correct  mean  spherical  candle- 
power  over  a  period  of  time.  On 
the  other  hand,  vou  stated  that  the 


DIRECT  EXAMINATIOX—RYAN. 


209 


enclosed  6.6  arc,  of  the  character 
we  have  here  possesses,  over  a  pe- 
riod of  time,  quite  a  constant  con- 
dition, from  which  you  could  figure 
an  average  continuous,  and  quite  ac- 
curate, mean  spherical  candle-power? 

A.  Not  quite  accurately  in  either 
case;  owing  to  the  smaller  degree 
of  variation  in  the  enclosed  arc  lamp, 
I  think  there  is  no  question  but  zchat 
you  can  arrive  at  a  much  closer  idea 
of  the  average  illumination  delivered, 
than  you  can  from  the  open  arc,  but 
I  don't  think  zcith  zchat  knowledge 
we  have  at  the  present  day  on  the 
subject,  that  it  zvould  be  logical  to 
try  to  drazi'  a  contract  based  on 
candle-power.  The  bulge  near  the 
horizontal.  Exhibit  Xo.  32,  on  curz'e 
A,  appears  quite  insignificant,  but 
being  in  a  critical  part  of  the  curve, 
it  would  probably  be  fifteen  per  cent, 
or  more  in  the  reduction  of  the  total 
flux  of  that  lamp.  I  also  stated  that 
the  point  should  be  anchored  at  five 
degrees  intervals  over  the  critical 
range.  My  curz'es  shozi.'  ten  degrees. 
I  zvould  not  even  take  these  curves, 
that  I  have  spent  years  working 
over,  to  get  the  best  results,  and 
use  them  as  a  basis. 

Notice  the  curve  B,  and  curve  C; 
two  alternating  current  lamps,  one 
taking  427  watts,  the  other  480;  they 
have  entirely  different  characteris- 
tics. If  the  true  average  or  charac- 
teristics of  those  curz'es  could  be 
obtained  by  carrying  tests  to  a  suf- 
ficient extent,  you  zvould  find  the 
characteristics   the  same. 

You  notice  that  curz'e  C  has  a 
characteristic  about  the  same  as  the 
open  arc  lamp:  that  is  physically 
impossible.  Curve  E  returns  on 
itself:  that  is  a  condition  which 
could    not    exist    with    an    enclosed 


arc  lamp  under  those  conditions  tak- 
ing 340  watts. 

This  merely  shows  that,  as  stated 
yesterday,  with  the  best  of  apparatus, 
the  m'^si  careful  observers,  observers 
of  reputation — like  Professor  Mat- 
thezvs — that  you  cannot  make  candle- 
power  curves  that  are  sufficiently 
close  to  use  as  a  basis  for  selling 
the  light.  My  curves  are  open  to 
the  same  criticism,  and  everybody 
else's  in  the  same  category,  whether 
they  are  made  in  this  country  or 
in  Europe.    This  applies  to  arc  lamps. 

Q.  May  I  ask  if  the  curves  that 
you  speak  of  as  having  been  making 
over  a  period  of  j-ears,  and  after 
great  labor,  and  which  still  have 
proven  futile  for  the  purpose  of  de- 
termining correct  candle-power 
curv'es,  were,  to  speak  scientifically, 
carried  to  a  better  conclusion,  than 
those  which  were  introduced  by  the 
plaintiff's  witnesses  in  this  case? 

A.  Yes:  because  they  represent 
scz'eral  hundreds  set  of  tests.  Prof. 
Matthews'  curz'es,  if  carried  on  far 
enough,  would  very  soon  give  you  the 
true  characteristic  of  the  lamp  under 
o  fixed  laboratory  condition,  but  they 
do  not  take  in  the  time  element,  and 
without  this  time  element  it  is  im- 
possible to  determine  the  average 
candle-power  that  is  delivered. 

Q.     Was    this    condition    true    of 
the  art  in  September,  1898? 
A.     Yes. 

Q.  It  was  also  understood  that 
the  mean  spherical  candle-power  va- 
ried in  such  a  way  as,  in  practical 
working,  to  make  impossible  any 
basis  upon  which  to  make  a  charge? 

A.  It  was  true  then  and  it  is 
true  even  at  the  present  time. 


210 


DIRECT  EXAMINATION— RYAN. 


Q.  Now,  if  under  any  possible 
conception  of  this  matter  a  candle- 
power  was  to  be  considered  as  a 
basis,  would  you  take  into  consid- 
eration the  maximum  candle-power 
or  mran  spherical  candle-power? 

A.  If  zve  could  arrive  at  a  basis, 
the  mean  spherical  candle-power 
zvould  be  the  logical,  the  fairer  one 
to  tisc. 

Q.  Now,  wc  have  liad  some  dis- 
cussion as  to  foreign  conditions  un- 
der which  the  9.6  open  arc  direct 
current  lamp  is  used.  What  do  you 
say  as  to  the  practicability  of  ap- 
plying fore'gn  conditions  of  opera- 
tion to  this  country? 

A.  The  foreign  conditions  are  en- 
tirely different.  They  make  very 
delicate  hinips  on  the  other  side, 
zvhich  require  the  greatest  of  care 
in  order  to  keep  ■  them  running.  La- 
bor is  cheap,  cost  of  carbons  rela- 
tively low,  cost  of  current  relatively 
high.  In  this  country  labor  is  high, 
carbons  are  high,  cost  of  current 
relatively  low.  It  zvould  be  practi- 
cally impossible,  for  anything  like  a 
reasonable  price,  to  maintain  these 
foreign  lamps  in  this  country;  lamps 
of  the  Siemens  Halske  type,  or  of 
that  order. 

Q.  Mr.  Ryan,  I  hand  you  the  re- 
port of  the  special  committee  on 
the  rating  of  arc  lamps  in  1894, 
at  the  meeting  of  the  National  Elec- 
tric Light  Association,  and  which  has 
been  read,  and  ask  you  to  state  to 
what,  in  your  opinion,  that  rule  ap- 
plies? 

A.  It  has  always  been  and  it  still 
remains  my  impression,  that  this  res- 
olution was  drawn  to  cover  any  lamp 
that  consumed  450  watts.  For  in- 
stance, to  show  that  it  certainly  ex- 
frnd.f  beyond   the   mere   question   of 


one  type  of  lamp,  we  have  the  fol- 
lozving  statement  embodied  in  the 
resolution;  "The  measurements  be- 
ing made  at  the  lamp  terminals, 
zvhere  no  sensible  resistance  is  in- 
cluded. In  case  such  resistance  is 
used,  it  must  be  e.v eluded  in  the 
measurement  of  the  voltage." 

That  suggests  at  once  that  they 
must  have  had  in  mind  other  lamps 
aside  from  series  lamps,  because  the 
ordinary  series  lamps  of  the  street 
type  do  not  include  any  form  of 
resistance.  In  the  second  place,  the 
question  of  alternating  current  lamps 
zvas  introduced  at  that  meeting,  and 
inasmuch  as  they  did  not  specifically 
state  direct  current,  they  must  have 
intended  to  include  the  alternating 
current.  Furthermore,  aside  from 
the  IVestinghouse  experiments  at 
that  time,  the  General  Electric  Com- 
pany were  well  along  with  the  de- 
velopment of  zvhat  zvas  knozvn  as  the 
Thompson  '93  class  of  lamps,  com- 
prising direct  and  alternating  cur- 
rent, multiple  and  series  types.  While 
these  lamps  zvere  not  on  the  market 
in  1893,  there  zvas  no  secret  about 
the  development  that  was  going  on, 
and  the  committee  zvould  undoubt- 
edly have  known  something  of  the 
future  development.  Furthermore,  it 
does  not  seem  reasonable  to  suppose 
that  the  committee  zvould  spend  time 
on  covering  an  e.visting  condition, 
without  looking  into  the  future.  It 
is  perfectly  clear  in  my  mind  that  the 
committee  certainly  must  have  in- 
tended to  include  450  watt  lamps  of 
the  future;  particularly  as  their  in- 
tention zvas  to  avoid  misunderstand- 
ings and  disputes  over  contracts. 
Now,  this  resolution  does  not  in  any 
zvay  deprive  the  consumer  of  any- 
thing that  he  had  before.  It  is  not 
an  attempt  to  cut  dozvn  zvhat  he  had 
before,    hut    to    give    him    something 


DIRECT  EXAMINATION— RYAN. 


211 


with  a  name;  with  a  rating,  that 
could  then  and  in  future  years  be 
actually  measured.  If  they  did  have 
the  future  in  mind,  there  is  no  ques- 
tion hut  that  the  450  watt  rating  is 
good  for  any  class  of  lamp  that  may 
come   out. 

Q.  Mr.  Ryan,  taking  the  language 
by  itself,  what  do  you  say  the  term 
"standard  two  thousand  candle-power 
light''  as  used  in  the  Jackson  fran- 
chise  means  ? 

A.  A  lamp  consuming  an  average 
of  450  watts  at  its  terminals. 

Q.  You  mean  any  lamp  that 
would  do  that? 

A.  Any  arc  lamp,  alternating  or 
direct    current. 

Q.     For  street  lighting  purposes? 
A.     Yes. 

Q.  What  was  the  character  of 
the  membership  of  the  National 
Electric  Light  Association  in  the 
year  1894? 

A.  It  consisted  of  107  represent- 
atives of  the  leading  electric  light 
and  power  companies  in  all  parts  of 
the  country,  with  an  associate  mem- 
bership of  112  other  firms  and  in- 
dividuals actively  interested  in  the 
development   of   electric   light. 

Q.  What  conditions  have  the  illu- 
minating profession  been  attempting 
to   bring   about   in   arc   lighting? 

A.  Reduction  in  intrinsic  bril- 
liancy; diffusion  of  the  illumination, 
and  the  utilization  as  far  as  pos- 
sible of  stray  light;  ten  times  the 
amount  of  illumination  would  give 
poor  illumination  or  light  if  it  is  in 
streaks  or  intensified  at  one  spot,  and 
weak  at  the  other. 

Q.     I  will  ask  you  to  look  at  Ex- 


hibit  I,   and    state   what   that   repre- 
sents? 

A.  That  represents  the  sale  of  the 
enclosed  arc  lamps  for  the  year  1895, 
up  to  and  including  1900;  also  the 
sale  of  the  open  arc  lamps  through 
the  same  period.  It  shows  that  the 
open  arc  lamp  reached  its  maximum 
at  1897,  and  in  1900  it  was  very  much 
below  its  maximum;  about  1901  and 
1902,  there  was  just  a  very  few  sold. 

Q.    What  in  1895? 
A.     Yes,  in  1895  about  2,500  sales 
of  enclosed  arc  lamps  for  that  year. 

Q.  And  for  the  year  1898,  what 
was  the  sale  of  the  enclosed  arc 
lamps  ? 

A.    About  34,000. 

Q.    And    what    in    the     preceding 

year? 
A.    Nearly   13,000. 

Q.  Mr.  Ryan,  did  you  make  tests 
in  September,  1906,  of  the  lights  in 
Colorado  Springs,  the  results  of 
which  are  embodied  in  Exhibit  J? 

A.     Yes. 

Q.  In  that  report  you  say,  "I 
question  very  much  whether  the  Gen- 
eral Electric  Company  would  be  will- 
ing to  stand  back  of  guarantees  with 
the  6.6  ampere  apparatus  overloaded 
to  this  extent."  Mr.  Ryan,  may  I 
ask  you  who  does  the  matter  of 
overloading  affect;  the  public  or  the 
company  that  is  running  the  lamp  ? 

A.  The  company  that  is  running 
the   lamp. 

Q.  Is  there  any  betterment  of  the 
service  in  that  situation? 

A.  None  whatever;  the  lamps 
may  deteriorate  a  little  more  rapidly, 
and     would     cause     expense,    which 


DIRECT   EX  AM  IN  A  TIOX—R  YAN. 


would    fall    on    the    operating    com- 
pany. 

Q.     Now,   have   you   some   specific 
figures  as  to  candle-power? 
A.     Yes. 

Q.  We  have  discussed  it  in  the 
abstract ;  will  you  please  give  the 
precise  figures  that  you  have,  and 
explain  to  what  conditions,  labora- 
tory   or    practical,    they    apply? 

A.  These  candle-poivers  were 
taken  under  a  fixed  ivattage,  pre- 
cisely as  Professor  Matthews'  test 
was  taken. 

A.  C.  enclosed  6.6  ampere  lamp, 
maximum  480,  mean  spherical  195, 
mean  lower  hemispherical  345,  watts 
430;  A.  C.  enclosed  7.5  ampere  lamp, 
maximum  550,  mean  spherical  235, 
mean  lower  hemispherical  410,  ivatts 
450;  open  A.  C.  9.6  ampere  lamp, 
maximum  1,250,  mean  spherical  370, 
mean  lozver  hemispherical  550,  watts 
450;  D.  C.  enclosed  6.6  ampere  lamp 
as  sent  out  from  the  factory,  max- 
imum 650,  mean  spherical  300,  mean 
lower  hemispherical  435,  watts  450. 

Q.     Those  are   under   fixed  labor- 
atory conditions? 
A.     Yes. 

Q.  Now,  following  up  your  fig- 
ures,  what   do   you   find? 

A.  You  zvill  see  by  those  figures 
that  the  open  arc  lamp  as  made,  is 
credited  initially  zvith  a  higher 
candle-power  than  the  alternating 
arc  lamp  taking  the  same  energy;  the 
direct  current  enclosed  open  arc  is 
also  credited  with  a  higher  candle- 
power  than  the  alternating  enclosed 
arc  taking  the  same  energy,  but  I 
mil  state  that  even  zvith  the  same 
energy,  the  illuminating  values  of 
the  tzvo  lamps  are  on  a  reasonable 
basis  of  equality. 


Q.  That  is  under  practical  oper- 
ations, the  apparent  difference  there 
in  candle-power  reduces  itself  to  a 
practical  equality? 

A.  Yes;  there  is  some  difference 
between  the  two  lamps;  there  is  no 
question  about  that;  they  have  differ- 
ent characteristics. 

Question  by  Arbitrator: 

Q.  Where  do  these  figures  come 
from ;  from  your  own  light  meas- 
urements? 

A.  Yes,  they  are  my  own  meas- 
urements, extending  over  a  period 
of  five  to  six  years.  Now,  these 
are  merely  the  fixed  conditions  of 
the  laboratory,  and  cannot  form  a 
basis  for  contract;  the  time  element 
is  not  introduced  there,  and  cannot 
be. 

Examination  Continued  by  Mr. 
Schuyler. 

Q.  Does  your  report.  Exhibit  J, 
cover   every   lamp   in   the   city? 

A.  I  think  not;  it  covers  227 
lamps ;  I  understand  you  have  241. 

Q.  And  each  circuit  was  consid- 
ered ? 

A.     Yes. 

Q.  Well,  did  you  make  any  tests 
of  lamps  brought  into  the  sub-sta- 
tion ? 

A.     No,  I  did  not. 

Q.  Will  you  turn  to  that  portion 
of  your  report  which  is  headed  "Sta- 
tions using  6.6  ampere  series  alter- 
nating arc  lamps,"  and  state  what 
that    refers   to? 

.■I.  That  is  a  partial  list  of  sta- 
tions Zi'here  they  have  substituted 
the  6.6  ampere  series  alternating 
lamp  for  the  open  arc,  direct  current 


CROSS-EX  AMIX.  I TIOX—R  VAX 


213 


so-called  450  tvatt  lamp.  1  don't 
know  the  form  of  contract  in  those 
cases;  they  have  accepted  those 
lamps  as  a  substitute  for  the  9.6. 

Q.  Which  system,  the  6.6  A.  C. 
enclosed  or  the  9.6  D.  C.  open,  in 
your  opinion,  is  the  most  generally 
used  in  the  United  States  to-day? 

A.  There  are  about  a  thousand 
installations :  this  list  gives  some- 
thing like  700  installations,  and  they 
are  practically  all  6.6  ampere. 

The  United  States  census  for  1900 
contains  423  cities  having  a  popula- 
tion of  10,000  or  more,  and  of  these 
240  have  adopted  the  General  Elec- 
tric Company's  enclosed  arc  street 
lighting  system.  Of  the  total,  there 
are  26  stations  using  7.5  ampere,  and 
6fgg  using  the  6.6  ampere  lamps. 

Q.  In  the  purchase  of  gas  light 
or  incandescent  light,  is  it  based  upon 
candle-power,  or  on  what  basis? 

A.  In  buyi)ig  light  of  incandescent 
lamps,  you  buy  so  many  watts,  and 
if  you  buy  gas  you  buy  so  many 
cubic  feet  of  gas;  you  may  use  a 
lamp  standardised  at  so  many  candle- 
power,  but  what  you  buy  is  zvatts, 
and  you  buy  so  much  gas,  and  that 
is  what  you  pay  for. 

Q.  In  your  opinion,  what  is  the 
fair  basis  for  the  Board  to  consider 
this  subject  upon,  in  the  way  of 
measurement  and  charges  made? 

A.  I  don't  see  what  you  can  base 
it  on  aside  from  energy;  you  cer- 
tainly cannot  base  it  on  candle- 
power. 

Q.     Energy  as  expressed  in  watts? 
A.     Yes. 

Cross  -  Examination  by  Mr. 
Robinson. 


Q.  Mr.  Ryan,  how  did  it  happen 
that  you  came  here,  and  in  whose 
interests    are   you    here? 

A.  As  I  understand  it,  I  came  at 
the  request  of  the  Hydro  Company, 
but  I  don't  know  who  the  official  was. 

Q.  And  your  salary  from  the 
General  Electric  Company  would 
continue    during    such    ser\Mce? 

A.     Undoubtedly. 

Q.  And  your  expenses  be  paid 
by  them? 

A.  I  don't  know;  the  question 
hasn't  been  raised;  I  don't  know  that 
either  the  General  Electric  Company 
or  these  people  would  raise  any  ques- 
tion about  it. 

Q.  Now,  who  is  George  B.  Tripp, 
to  whom  you  made  this  report, 
marked  Exhibit  "J"? 

A.  He  was  the  General  Manager, 
as  I  understand  it,  at  the  time,  of 
the  Colorado  Springs  Electric  Com- 
pany. 

Q.     And    who     is     the     Colorado 
Springs    Electric    Company  ? 
A.     I  don't  know,  sir. 

Q.    What    have    they    to    do    with 
this  controversy,  if  you  know? 
A.    Xothing  at  all — /  don't  knoz^. 

Q.  Do  you  know  whether  or  not 
the  Colorado  Springs  Electric  Com- 
pany is  lighting  the  streets? 

A.  Xo,  sir;  I  don't  knozv  this 
instant  who  is  lighting  the  streets, 
so  far  as  the  companies  arc  con- 
cerned. 

Q.  Well,  you  made  an  examina- 
tion? 

A.     Yes. 


214 


CROSS-EX  AMIN  A  TION—R  VAN. 


Q.  For  the  Colorado  Springs 
Electric  Company? 

A.  I  don't  care  who  it  was  for; 
I  examined  the  condition,  and  re- 
ported upon  it  to  Mr.  Tripp. 

Q.  But  the  Hydro  Company 
didn't  say  anything  about  tests  to 
you? 

A.  I  don't  think  so;  Mr.  Tripp 
was  the  gentleman  that  I  met  here. 

Q.  Were  you  in  the  employ  of 
the  General  Electric  Company  in 
1901,  when  you  read  the  paper 
marked  Exhibit  "B",  Mr.  Ryan? 

A.     Yes. 

Q.  Do  you  remember  of  any 
other  papers  that  you  read  before 
societies  while  in  the  employ  of  the 
General  Electric  Company? 

A.     Yes,   several   of   them. 

Q.     And  while  you  were  on  a  sal- 
ary  by   the   company? 
A.     Yes. 

Q.     And    to    which    meetings    the 
company    paid    your    expenses? 
A.     Undoubtedly. 

Q.  Did  not  the  General  Electric 
Company  print  this  Exhibit  "B"  and 
circulate  it? 

A.  Yes,  but  I  have  not  embodied 
anything  in  the  paper  7vhich  might 
be  considered  for  purely  commercial 
purposes. 

Q.  Wasn't  it  one  of  the  purposes 
of  writing  this  paper,  marked  Exhibit 
"B",  to  show  the  superiority  of  the 
apparatus  of  the  General  Electric 
Company  ? 

A.  After  the  superiority  had  been 
determined,  yes:  had  the  superior- 
ity not  developed,  thai  paper  would 
not  have  been  printed. 


Q.  Referring  to  some  of  the  last 
testimony  given  in  chief,  isn't  it  true 
that  electric  light  companies  sell 
light  on  the  basis  of  a  certain  price 
per  hour  for  a  16  candle-power  lamp, 
in   many  cases? 

A.  A  certain  price  per  hour,  yes; 
there  are  some  obsolete  contracts 
of  that  sort.  An  up-to-date  plant 
sells  exclusively  on  a  watt  hour  basis; 
and  when  they  do  sell  on  the  basis 
of  16  candle-power,  that  is  simply 
the  name  of  a  lamp;  it  is  understood 
that  the  lamp  is  not  maintained  at 
16  candle-power,  but  will  gradually 
drop  back  until  it  may  get  down  to 
12,  or  even   10. 

Q.  That  is  understood  by  the  com- 
pany? 

A.  Understood  by  everybody  that 
uses  it;  don't  you  know  that  an  in- 
candescent lamp  depreciates  after  it 
has  been  burned  for  a  certain  length 
of  time? 

Q.  I  don't  know  that  when  I  am 
paying  for  16  candle-power  lamps  I 
am  only  getting  ten  or  twelve? 

A.  That  is  all  you  are  getting  and 
sometimes  less. 

Q.  Well,  I  am  a  worse  victim 
than  I  thought  I  was.  Do  you  mean 
now  to  tell  this  Board  that  it  is  the 
common  custom  of  lighting  compan- 
ies to  swindle  their  customers  in  that 
way  ? 

A.  That  is  not  swindling:  it  is 
a  Zi'ell  knoivn  fact. 

Q.  If  they  sell  16  candle-power 
lamps,  and  deliver  ten  for  the  six- 
teen,  isn't   that   swindling? 

A.     Ko,    sir. 

Q.  That  is  all  right  in  electric 
lighting  matters? 


CR  OSS-EX  A  MIX  A  TION—R  YA  .V. 


A.  It  is  the  same  thing  in  gas 
matters.  You  can't  obtain  an  im- 
possibility. 

Q.  I  can  ask  that  the  contract 
with  my  opponent  be  fulfilled,  can't  I  ? 

A.  You  buy  a  i6  candle-power 
lamp,  so  rated,  and  when  it  is  new 
it  is  a  i6  candle-power  lamp;  that 
is  what  you  buy  and  pay  for;  after 
that  lamp  is  put  in  service  it  grad- 
ually depreciates;  there  is  no  attempt 
to  make  customers  believe  that  that 
lamp  will  not  go  down;  you  must 
realise  that  every  lamp  depreciates  un- 
til you  have  to  put  in  a  new  one ;  you 
cannot  maintain  the  candle-power  in- 
definitely. You  may  buy  a  i6  candle- 
power  incandescent  lamp,  rated  at 
3J/2  ivatts  per  horizontal  candle.  That 
lamp  has  a  mean  spherical  candle- 
power  of  4.24  watts  per  candle.  After 
the  lamp  burns  500  or  600  hours  you 
have  a  mean  spherical  candle-pozuer 
of  anywhere  from  5  io  6  taatts  per 
candle,  and  if  the  lamp  still  con- 
tinues to  burn  after  it  has  run  80 
per  cent  of  its  initial  value,  the 
electric  companies  tell  you  that  it 
xvould  pay  you  to  throw  the  lamp 
aivay  and  put  in  a  new  one.  If  you 
allow  it  to  continue  in  use  and  it 
doesn't  break,  it  will  consume  6  or  7 
7(.'atts  per  candle;  so  that  it  is  all 
the  time  changing,  and  it  is  im- 
possible to  make  a  definite  contract 
on  the  amount  of  candle-poiver  de- 
livered over  a  period  of  time.  It  is 
true  of  gas:  it  is  true  of  incandcs- 
ccnis,  and  it  is  true  of  the  arc,  only 
it  is  harder  to  locate  the  arc  than 
it  is  the  others,  on  account  of  its 
Peculiar  variations. 

Q.  Now,  speaking  of  the  incan- 
descent light,  Mr  .Ryan,  and  the 
depreciation  of  that,  as  I  understood 
it  from  the  blackening  of  the  globe — 


possibly    some    depreciation    in    the 
filament? 
A.     Yes. 

Q.     It  is  continuous? 
A.     Yes. 

Q.  And  that  cannot  be  restored, 
if  at  all,  without  taking  the  filament 
out  and  putting  in  a  new  one ;  get- 
ting a  new  lamp? 

A.     Correct. 

Q.  Well,  that  condition  doesn't 
apply  to  street  lamps,  because  you 
can  clean  them  up  every  night? 

A.  You  are  nozv  comparing  one 
variable  of  the  arc  with  the  incan- 
descent lamp,  viz.,  the  variable  due 
to  the  dirt  on  the  globe;  that  has 
nothing  ivhatever  to  do  zvith  the 
other  variables. 

Q.     How  large  is  that  variable? 

A.  The  variation  of  the  useful 
light  of  the  arc  lamp  due  to  a  de- 
posit after  one  week's  run,  should 
not  exceed  5  per  cent.  Of  course, 
the  distribution  would  be  somewhat 
changed;  perhaps  for  the  better. 

Q.  Does  not  that  blackening  of 
the  globe  in  the  arc  tend  most  to 
reduce  the  illumination  at  the  hor- 
izontal point? 

A.     No,   sir,   above   the   horizontal. 

Q.  Now,  is  it  not  true  that  in 
1898  many  of  the  large  electric  com- 
panies sold  their  product,  not  by 
the  watts,  but  by  the  lamp  hours, 
based  on  their  alleged  16  candle- 
power  lamps? 

A.  I  cannot  recall  any  such  cases; 
there  may  have  been  some. 

Q.  Is  it  not  a  fact  that  many  of 
the  companies  that  used  meters   for 


2l6 


CROSS-EXAM  LW  A  TIO\'—R  VAN 


their  own  production,  billed  out  their 
incandescent  product  in  lamp  hours? 
A.     They  had  all  kinds  of  ratings 
ill  the  early  days  for  incandcscents. 

Q.  Was  the  lamp  hour  one  of 
them  ? 

A.  That  might  have  been  one  of 
them;  there  were  several. 

Q.     You    spoke   of    the   Thompson 
lamp  of   '93? 
A.     Yes. 

Q.     And  the   ribbon   feed  lamp? 
A.     Yes. 

Q.  Were  those  constant  potential 
lamps? 

A.  The  ribbon  feed  zuas  a  lamp 
run  from  an  individual  constant  cur- 
rent transformer,  on  a  constant  po- 
tential circuit;  and  the  Thompson  '93 
embraced  the  alternating  and  direct 
current  circuits  of  all  classes. 

Q.  Can  you  state  in  what  places 
and  in  what  numbers  this  Thompson 
lamp  was  used  for  public  street 
lighting;  speaking  especially  of  it  in 
its  alternating  current  series  form? 

A.  At  that  time  I  was  on  what 
is  called  the  expert  course,  and  I 
knew  very  little  about  tvhere  any 
were  being  placed.  I  knew  they  tvere 
goitig  out  from  the  factory  quite 
lively. 

Q.     So  you  don't  know  where  those 
lamps  were  used? 
A.    No. 

Q.  Can  you  tell  the  Board  when 
the  General  Electric  Company  stopped 
making  the  9.6  ampere  open  arc 
lamps  ? 

A.  It  was  a  production  that  fell 
off  gradually.  1  cannot  giir  you 
the  precise  date.     Exhibit  "I"  gives 


a  pretty  good  idea  of  what  was  tak- 
ing place. 

Q.  But  as  I  understood  you  yes- 
terday, you  said  that  the  General 
Electric  Company  had  stopped  mak- 
ing  them  ? 

A.     Yes. 

Q.  When  did  they  stop  making 
them  ? 

A.  I  can't  tell  you  exactly,  but 
possibly  if  some  central  station  or 
some  lighting  company  required  some 
new  lamps,  they  might  make  up  a 
small  batch. 

Q.  Now,  are  any  other  companies 
than  the  General  Electric  Company 
making  the  9.6  open  arc  lamp? 

A.  I  don't  know.  The  Brush 
lamp  is  also  made  by  the  General 
Electric  Company;  occasionally  we 
see  some  repair  work  going. 

Q.  You  don't  know,  then,  whether 
any  company  in  the  United  States 
is  manufacturing  the  9.6  open  arc 
lamps? 

A.  I  will  not  say  they  are  not 
making  any:  to  the  best  of  my 
knozvledge   the   lamp    is   obsolete. 

Q.  Isn't  it  true  that  the  General 
Electric  Company  makes  and  lists 
the  9.6  Brush  arc  generators  for  the 
operation  of  these  lamps? 

A.  They  arc  making  the  Brush 
arc  generator  to  operate  enclosed  arc 
lamps,  but  not  open  lamps:  they  are 
made  for  low  current,  5  and  6.6  am- 
peres, but  we  are  not  supplying  gen- 
erators of  9.6  amperes. 

Q.  Well,  don't  they  list,  and  aren't 
they  selling,  or  aren't  they  willing 
to  give  quotations  on  the  9.6  ampere 
Brush  arc  generators? 

A.    I  presume  if  any  one  wished 


CROSS-nXJMI\'.-IT]0\—RYA.\. 


21/ 


the  9.6  ampere  tiiachiiie,  there  is  no 
question  but  what  they  zvould  imnd 
one  for  them,  and  it  might  appear  in 
some  of  our  catalogues,  but  I  don't 
know  of  their  selling  any. 

Q.  You  won't  say  they  don't  list 
them? 

A.  I  wouldn't  say  that,  because 
our  catalogues  are  very  extensive, 
and  we  like  to  supply  our  customers 
Zi'ith  supply  parts. 

Q.  I  will  ask  you  whether  or  not 
the  9.6  ampere  Brush  arc  generators, 
listed  by  the  General  Electric  Com- 
pany, are  intended  to  operate  open 
arc   lamps    or   enclosed? 

A.  If  you  find  any  listed  at  the 
present  time  they  are  intended  for 
open  arc  lamps,  because  zve  are  not 
running  any  enclosed  arcs  at  that 
current. 

Q.  Now,  can  you  tell  the  Board 
when  the  General  Electric  Company 
put  out  its  first  tub  transformer? 

A.  It  states  in  Exhibit  "K",  last 
page,  "that  since  the  introduction  of 
the  system  in  1898,  orders  have  been 
received,"  etc.,  so  I  presume  it  was 
in    1898,    although    I    cannot    depend 


upon   my   memory   to  state  definitely 
that  that   is  right. 

Q.  The  best  information  you  can 
give   is   that   it   was   in    1898? 

A.  Yes,  judging  from  that  Ex- 
hibit. 

Q.  Does  Exhibit  "I"  include  the 
sales  for  enclosed  multiple,  as  well 
as  series  lamps? 

A.  Yes,  I  think  it  docs,  although 
I  wouldn't  szoear   to   it. 

Q.  Then  if  it  is  true  that  the  first 
tub  transformer  was  sold  in  1898, 
then  the  enclosed  lamps  sold  prior 
to  that  time,  as  shown  on  Exhibit 
"I",  must  have  been  the  multiple 
lamps  ? 

A.  If  we  assume  that  the  enclosed 
arc  lamp  was  not  introduced  before 
1898,  /  say  I  must  reserve  a  little 
liberty  on  that,  because  I  cannot  ex- 
actly remember.  It  wouldn't  be  on 
there  if  it  wasn't  in  service.  I  zvould 
also  like  to  state  that  there  may  be 
many  lamps  sold,  but  not  listed,  be- 
cause this  list  was  made  up  from 
statistics   immediately    obtainable. 

Board  adjourned. 


2l8 


CROSS-nXAMINAriON—RYAN. 


THE    BOARD    MET,    PURSUANT    TO    ADJOURNMENT, 
AT  2  P.  M.,  FEBRUARY  6,  1907. 


MR.  RYAN  resumed  the  stand. 

Cross  -  Examination  Continued 
by  Mr.  Robinson. 

Q.  Mr.  Ryan,  yesterday  you  read 
from  page  153  of  the  proceedings  of 
the  National  Electric  Light  Asso- 
ciation of  1898,  an  article  by  Mr. 
Wagner.  I  will  ask  you  now  to  be- 
gin where  you  left  off  and  read 
the  entire  paragraph  and  then  tell 
us  whether  or  not  the  arcs  referred 
to  were  constant  potential,  and  not 
constant  current  arcs? 

A.  Yes.  But  at  this  time  there 
was  a  general  impression  that  the 
difference  between  the  alternating 
and  direct  current  enclosed  arc  was 
as  great  as  the  open  arc,  due  to  the 
fact  that  extensive  tests  up  to  that 
date  had  not  been  made.  It  is  a 
well  known  fact  that  there  is  quite 
a  decided  difference  between  the  open 
A.  C.  arc  and  the  open  D.  C.  arc;  that 
is  due  to  the  peculiarities  of  the  arc 
itself.  In  one  case  you  are  using 
cored  carbons,  and  in  the  other  case 
sometimes  both  cored,  sometimes 
one  cored,  and  sometimes  both  solid. 
There  is  no  question,  however,  but 
what  the  difference  between  the  en- 
closed arcs  is  not  so  great  as  the 
difference  between  the  open  arcs, 
furthermore,  my  figures  zvhich  I 
gave  you  this  morning  shozv  that 
the  direct  current  enclosed  arc  is 
more  efficient. 

Q.  I  will  ask  you,  then,  whether 
or  not  Mr.  Wagner,  in  the  paper 
which  you  have  read,  did  not  refer 
to  the   enclosed   alternating  arc? 

A.  He  undoubtedly  refers  here  to 
the  enclosed  multiple  lamp.       There 


is  no  dodging  the  question  that  the 
direct  current  enclosed  arc,  carry- 
ing 450  watts,  undoubtedly  does  take 
more  energy  per  candle  than  the 
open;  there  is  no  question  about  that, 
but  as  far  as  the  illuminating  value 
of  the  two  lights  is  concerned,  there 
is  not  very  much  difference. 

Q.  I  understood  that  you  said  you 
used  from  five  to  ten  men  in  making 
your  luminometer  tests,  working 
nights,  for  about  one  year,  and  that 
you  worked  with  them  a  large  part 
of  the  time  yourself? 

A.     Yes. 

Q.  Were  you  with  the  men  for 
the  purpose  of  directing  them,  to 
prevent  errors  in  readings  by  the 
instrument? 

A.  I  was  there  to  see  that  error 
was  not  introduced,  and  to  watch 
all  the  points. 

Q.  An  instrument  which  would 
require  you  to  be  present  to  avoid 
errors  in  its  readings  would  hardly 
be  trustworthy,  would  it? 

A.  Every  light-measuring  instru- 
ment is  open  to  that  objection.  The 
errors  that  I  have  mostly  in  mind 
related  to  lamps,  voltage,  current, 
etc. 

Q.  Now,  is  that  instrument  in 
anything  like   general   use? 

A.  I  presume  25  or  30;  at  one 
time  I  would  not  permit  them  to  go 
out,  because  1  felt  it  would  only  be 
a  source   of  misunderstanding. 

Q.  Now,  were  the  test  readings 
with  the  luminometer,  about  wliich 
you    testified    yesterday,    made    with 


CROSS-EXAMINATION— RYAN. 


219 


the  sized  type  shown  by  Exhibit  "F"? 
A.     Yes. 

Q.  What  fraction  of  candle-foot 
have  you  taken  as  necessary  to  read 
this  type  in  your  tests? 

A.  Six  thcusandths :  that  is  not 
clear  reading;  it  is  the  making  out 
of  a  character. 

Q.  I  understood  from  the  tests 
that   you    could    read    the    letters? 

A.  You  could  just  make  the 
characters   out. 

Q.  And  that  you   could   see  that 

type  at   what   distance? 

A.  That  is  recorded  in  the  Ex- 
hibit there;   about   225    to   250   feet. 

Q.  Well,  didn't  you  say  that  you 
could  read  that  type,  or  see  that 
type,   at  600    feet? 

A.     With   the   open   arc,  yes. 

Q.  That  was  the  old  9.6  ampere 
lamp? 

A.  Yes,  I  have  seen  freak  read- 
ings   of    that    kind. 

Q.  Now,  about  how  high  was 
the  arc  above  the  ground? 

A.  I  do  not  confine  myself  to 
any  particular  height,  but  in  the 
tests  referred  to  the  height  was  about 
25  feet.  Occasionally  the  arc  will 
iome  up  to  a  point  where  you  zvould 
possibly  be  getting  a  freak  of  1,800; 
il  isn't  impossible  to  get  freaks  of 
about  2,oco  candlc-pozi'er. 

Q.  Now,  will  you  please  compute 
the  candle-power  given  by  the  arc 
in  that  direction  from  those  figures? 

A.  Did  I  confine  my  statement 
to  the  type,  or  ivas  my  statement  not 
confined  to  the  test  here  in  this  Ex- 
hibit? 


Q.  Oh,  no ;  I  asked  you  about  the 
print  on  Exhibit  "F" ;  that  was  the 
orie  you  used ;  you  said  you  could 
see  that  print  600  feet,  from  a  9.6 
open  arc,  direct  current,  sometimes; 
the  candle  foot  intensity  being  six- 
thousandths? 

A.  You  could  not  get  any  such 
result  unless  you  had  a  freak  read- 
ing. At  that  distance  you  must  have 
over  2,000  candle-pozver  to  give  .006 
candle  feet. 

Q.  Please  state  how  you  com- 
puted that? 

A.  Thai  is.  the  square  of  the  dis- 
tance, multiplied  by  the  intensity  of 
illumination,  gives  me  the  candle- 
power  intensity. 

Q.  Wouldn't  you  take  the  in- 
tensity as  equal  to  the  candle-power, 
divided  bj'  the  square  of  the  dis- 
tance? 

A.  Inversedly,  yes;  that  is  zvhat 
I  am   doing. 

Q.  Wouldn't  the  candle-power  be 
2,160? 

A.  I  think  that  is  right;  about 
2,000  candle-pozi'cr  is  zvhat  I  fig- 
ure  it. 

Q.     Wouldn't  you  say  that  accord 
ing  to  that  data,  it  would  give  2,160 
candle-power? 

A.     Well,   that  is  zvliat   it  figures. 

Q.  Yes,  now,  from  that  data  what 
was  the  angle  below  the  horizontal 
at  which  this  9.6  open  D.  C.  arc, 
according  to  measurement,  gave  2,160 
candle-power  ? 

A.  2.4  degrees  below  the  hori- 
zontal; somezvhere  in  that  vicinity. 

Q.  Xow,  I  wish  you  would  plot 
that  point  on  this  Exhibit  "G"? 


CROSS-EX  A  M  ISA  TIOX—R  YA  N. 


A.  The  point  would  come  mid- 
way between  the  horizontal  and  5 
degrees  belozv. 

Q.  Now,  where  would  that  come 
out  extended  on  the  map  to  2,160 
candle-power? 

A.  If  those  figures  arc  correct, 
it  zuould  be  at  the  distance  given, 
about  600  feet. 

Q.     Well,   can   you   put   that  point 
on   that  plat? 
A.     No. 

Q.  Because  there  isn't  enough  pa- 
per there? 

A.     That    is    one    reason. 

Q.  You  can't  get  it  on  that  plat- 
because  the  plat  isn't  large  enough, 
is  it? 

A.  No,  it  should  be  entirely  re- 
constructed. 

Q.  Now,  as  you  cannot  plat  that 
point  that  we  have  described  upon 
this  Exhibit,  because  there  isn't  room 
enough  on  it  could  you  have  platted 
the  remainder  of  the  curve  to  scale, 
coming  from  the  point  2,t6o  candle- 
power? 

A.  I  don't  understand  your  ques- 
tion. 

Q.  What  we  want,  Mr.  Ryan,  if 
you  will  give  it,  will  be  the  approx- 
imate distribution  of  light  when  you 
come  to  that  point,  2,160  candle- 
power? 

A.  Now,  you  cannot  introduce 
freak  readings  into  this  question  of 
candle-power.  This  curve  would  be 
entirely  a  distorted  curi'e;  on  one 
side  there  ivould  be  no  light,  and 
on  the  other  side  it  xvould  be  very 
nearly   on    the   horizontal. 

Q.     Mr.    Ryan,    did    you    use    the 


luminometer       to       compare       light 
sources  ? 
A.     Yes. 

Q.  Can  you  anywhere  compare 
two  Hghts  which  are  not  simulta- 
neously  present? 

A.     Not  very  zvell. 

Q.     In    what   units   is   illumination 
measured? 
A.     Foot-candles,  or  candle-feet. 

Q.  What  is  the  relation  between 
foot-candles    and    candle-power? 

A.  Candle-power  is  an  intensity; 
foot-candles  takes  into  consideration 
distance. 

Q.  Well,  the  exact  relation,  math- 
ematical relation? 

A.  Why,  you  include  distance  in 
the   question   of  illumination. 

Q.  Can  you  give  the  formula  of 
it? 

A.  "The  intensity  of  light  from 
a  fixed  source  varies  inversely  as  the 
square    of    the    distance." 

Q.  How  do  you  get  illumination 
curves? 

A.  By  calculating  from  the 
candle-power  curves. 

Q.  Now,  near  the  top  of  page 
12,  of  Exhibit  "B",  I  read:  "It  is 
practically  impossible  to  operate  a 
photometer  with  sufficient  accuracy 
10  determine  tlie  relative  values  of 
various  globe  combinations.''  Is  that 
true? 

A.     Yes,   that  is  correct. 

Q.  Is  that  con  lined  to  globe  com- 
binations? 

A.  No,  sir;  in  computing  these 
candlt'-pozvers,  you  arc  taking  the 
arc   into  consideration. 


CROSS-EX  AMIX  A  TIOX—R  VAX. 


Q.  On  what  do  you  base  your 
illumination  curves  in  Figure  4? 

A.  On  candle-foot  cun-cs  made 
up  by  applying  the  inverse  square 
law. 

Q.  Does  the  illumination  curve 
for  the  6.6  ampere  A.  C.  enclosed 
lamp  cross  at  any  point  that  of  the 
9.6  ampere  lamp,  open? 

A.  Yes,  at  about  10  degrees,  see 
P'g-  4. 

Q.  But  that  curve  is  of  a  7J/2 
ampere  lamp.  I  was  talking  about 
the  6.6  ampere.  Please  refer  to  Ex- 
hibit 38,  and  I  will  ask  you  if  you 
recognize  the  curves  as  shown  there? 

A.     Well,  yes,  those  are  my  curves. 

Q.  Now,  then,  does  the  curve  of 
the  6.6  alternating  current  enclosed, 
cross  the  curve  of  the  9.6  direct  cur- 
rent open? 

A.  Just  about  the  horizontal. 
This  curve  only  shows  the  light  at 
150  feet  from  the  lamp,  up  to  this 
disiance  curve  A  does  nat  cross 
curve  C,  in  this  Exhibit:  had  the 
distance  been  carried  out  500  or  600 
feet  to  about  the  point  that  we  were 
discussing,  then  the  cun'es  would 
have  crossed;  but  this  Exhibit  does 
not  signify  the  fact  that  this  open 
curve  is  going  to  stay  on  the  out- 
side when  that  lamp  feeds;  curve 
C  will  dwindle  to  a  little  curve  axvay 
within  A.  Going  back  to  my  state- 
ment of  yesterday,  consider  the  time 
element,  then  your  average  curve  xcill 
naturally  fall  outside.  If  zve  could 
properly  estimate  the  average  char- 
acteristic, taking  into  consideration 
the  time  element  of  both  of  these 
lamps,  you  zvould  find  that  the  alter- 
nating arc  j/joji'H  in  cun'e  A  would 
oz'crage  outside  of  the  characteristic 
of  the  open  arc  C,  over  a  period  of 


time,  taking  into  consideration  how 
the  lamps  would  work,  day  in  and 
day   out,  in   actual  sen-ice. 

Q.     You  made  those  curves? 
A.     Yes. 

Q.     They  are  correct? 
A.     They  are  correct  for  labora- 
tory conditions. 

Q.  As  near  as  a  skilful  man  could 
get  them? 

A.  They  cannot  be  considered  as 
representing  the  amount  of  flux  de- 
livered over  a  period  of  time,  but 
merely  as  giving  some  idea  of  the 
general  characteristic  of  the  lamp.  I 
do  not  know  of  any  possible  way 
zi'hereby  I  can  produce  curves  so 
that  I  could  say  to  you,  this  will 
represent  the  amount  of  candle- 
pozver  that  we  can  guarantee  to  de- 
liver over  a  period  of  time.  I  wish 
zve  could,  but  it  is  impossible  to  do 
so  on  account  of  fluctuations,  which 
arc   not  at  all  constant. 

Q.     The  fluctuations  go  above  and 
below   the   line  you   indicate? 
A.     Yes. 

Q.  And  that  would  indicate  the 
general  condition,  wouldn't  it,  as  well 
as  anything? 

A.  On  Exhibit  '*G,"  A  represents 
the  distribution  of  light  from  a  gYz 
ampere,  48  volt  arc,  zMch  may  climb 
up  a  couple  of  z'olts  more  before  it 
feeds,  but  the  chances  are  it  will  feed 
somewhere  in  that  vicinity;  then  it 
)nay  drop  5,  7  or  more  volts; 
zi'herever  it  goes  to,  the  time  re- 
quired for  it  to  climb  from  that 
point  to  feeding  point  is  possibly 
five  times  more,  in  some  cases,  than 
the  time  required  for  it  to  go  from 
the  point  zvherc  the  curve  is  made. 


CROSS-RXAMINA  TION—R  YAN. 


io  the  poivt  zvliere  it  will  drop  back. 
Therefore,  there  is  absolutely  noth- 
tug  to  average  from. 

Q.  In  Exhibit  "B",  I  read,  "For 
measuring  arc  lights  it  is  usual  to 
employ  a  photometer,"  etc.  "There 
are  also  other  satisfactory  methods." 
Was  the  photometer  test  one  of  those 
considered  as  a  satisfactory  method? 

A.  There  are  various  satisfactory 
methods  of  taking  caudle-pozvers ; 
but  they  do  not  include  the  time  ele- 
ment. 

Q  Can't  you  take  one  moment 
of  time,  and  from  it  get  a  repre- 
sentation of  the  entire  time;  and 
isn't  that  what  you  do  in  your 
curves;  and  if  that  isn't  the  fact, 
then  what  in  the  world  arc  the  curves 
for? 

A.  We  take  several  hours  of 
time,  zveeks  of  time,  trying  to  arrive 
at  a  characteristic;  but  that  charac- 
teristic is  not  a  characteristic  that 
you  could  take  and  state  that  that 
is  the  candle-power  that  zve  will  de- 
liver to  you  on  the  contract  basis. 
It  is  absolutely  out  of  the  question, 
and   cannot   be   done. 

Q.  Now,  you  stated,  as  I  under- 
stood, that  Professor  Matthews'  lab- 
oratory at  Purdue  University  is  well 
equipped   for  photometric  tests? 

A.    I  think  it  is. 

Q  And  I  understood  you  also  to 
quote  with  approval  Professor  Nich- 
ols as  authority  on  photometric 
questions  ? 

A.     Yes. 

Q.  I  understood  you  to  say  yes- 
terday that  the  D.  C.  9.6  open  lamp 
was  rejected  in  this  country  chiefly 
because  of  inherent  defects  in  it;  is 
that  right? 


A.     That  was  one  of  the  causes. 

Q.  If  it  was  true  the  lamp  was 
retired  from  service  generally  and 
chiefly  upon  the  ground  of  inherent 
defects,  why  is  it  almost  exclusively 
used  for  lighting  in  European  coun- 
tries to-day? 

A.  They  do  not  use  the  Amer- 
ican  open  arc  at  all  in   Europe. 

Q.  1  didn't  say  American ;  I  said 
the  D.  C.  open  arc  lamp ;  now,  why 
is  that? 

A.  Witli  the  European  lamp  the 
situation  is  so  different  I  do  not 
think  zve  can   make  a  comparison. 

Q.  It  is  simply  the  way  the  lamp 
is  manufactured;  in  other  words,  it 
is  the  fault  of  the  manufacturer, 
and  not  the  fault  of  that  kind  of 
light;   now,  isn't  that  true? 

A.     No,  it  is  not  that  exactly. 

Q.  Isn't  the  direct  current  open 
arc  lamp  system  chiefly  used  in  Eu- 
ropean countries  for  street  lighting 
to-day? 

A.  Yes,  but  I  think  I  explained 
that.  Operating  expenses  of  such  a 
very  expensive  mechanism  zvould  re- 
quire such  a  tremendous  amount  of 
care  that  it  would  increase  the  price 
from  $200  to  $250  per  lamp  per  year. 

Q.  Referring  to  the  test  which 
j'ou  made  of  the  lamps  on  the  streets 
of  the  city  in  September  of  1906; 
what  preparation,  if  any,  was  made 
for  those  tests? 

A.  I  don't  know  what  particular 
preparation  was  made;  they  xvere 
testing  the  lamps  when  I  arrived. 
I  merely  went  over  the  circuits  and 
checked  up  some  of  the  results  to 
see  zvhat  they  were  getting,  and  how 
they   were   testing,   and   whether   or 


CROSS-EX  AMINATIOX— RYAN. 


223 


not     they     were     correct     in     their 
methods. 

Q.  Then  you  didn't  make  these 
tests  yourself? 

A.  I  made  quite  a  number  of 
them. 

Q.  What  instruments  did  you  use 
for  testing? 

A.  They  were  General  Electric 
Company's  instruments.  Volt-meter, 
ammeter,  and  watt-meter. 

Q.     That  wasn't  a   recording  am- 
meter on  the  street,  was  it? 
A.    No. 

Q.  Will  you  briefly  describe  the 
test  that  you  made  of  lamps  on  the 
streets? 

A.  The  various  instruments  were 
troperly  connected  to  the  lamp,  which 
was  turned  on,  after  the  circuits  had 
been  ucarmed  up  with  a  full  comple- 
ment of  lamps  in  a  series.  Within  a 
couple  of  minutes  after  the  switch 
zvas  turned,  readings  ivcre  made  and 
recorded.  Then  the  lamp  zvas  tested 
zvith  pick  up  voltage,  by  locking  the 
carbon  and  sliding  the  lamp  down  to 
directly  above  the  feeding  point, 
without  changing  the  arc  voltage,  due 
to  a  change  of  position  of  the  car- 
bon; an  observation  was  made,  but 
the  observation  recorded  was  the 
lotver  observation,  and  not  the  high- 
er one,  when  it  would  be  five  to  ten 
per  cent,  higher  than  the  one  record- 
ed in  E.vhibit  J. 

Q.  Were  the  readings  made  on 
the  various  instruments  simultane- 
ously ? 

A.     Yes. 

Q.     And  how  many  times  repeated 
for  each  test? 
A.    A  reading  was    taken,   and   if 


the  lamp  was  found  to  be  out  of  ad- 
justment, it  was  readjusted.  It 
might  take  two  or  three  observations 
to  get  it  right,  or  it  might  take  a 
dozen.  I  might  state  that  the  lamps 
zvere  provided  with  lead  weights  for 
adjustment,  which  weights,  in  my 
opinion,  zvere  the  cause  of  the  decid- 
ed difference  in  wattages  of  the  dif- 
ferent lamps,  which  under  normal 
conditions  zvould  not  exist.  The  lead 
zveights  have  given  us  trouble  else- 
where and  are  being  replaced  by  iron 
zvhich  do  not  loosen  up. 

Q.  Did  you  fmd  quite  a  good  many 
of  these  lamps  out  of  adjustment? 

A.  That  report  shozcs  that  some 
zvere  high,  and  some  were  low. 

Q.  Then  you  took  the  lamps  and 
put  them  in  adjustment,  and  then 
took  the  readings  from  which  you 
made  this  report? 

A.  No  sir;  the  readings  first  re- 
corded shozv  how  the  lamps  zvere; 
that  shozvs  precisely  the  condition  of 
the  lamps.  The  second  reading 
shozvs  hozv  the  lamps  zvere  adjusted 
and  left. 

Q.  So  that  one  of  the  purposes,  at 
least,  of  the  test  was  to  leave  the 
lamps  in  adjustment,  wasn't  it? 

A.     Most  assuredly. 

Q.  Now  I  call  your  attention  to 
the  summary  of  your  report  that 
gives  the  volts,  the  average  of  the 
six  circuits  as  you  found  them  was 
76.8,  and  as  you  left  them,  79.7? 

A.     Yes. 

Q.  So  that  you  increased  the  volt- 
age there  by  about  three  volts  in  the 
average  of  all  the  lamps  in  the  city? 

A.    Correct. 


224 


CROSS-EXAMINATION— RYAN. 


Q.  How  long  did  it  take  to  make 
the  test  of  each  of  these  lamps? 

A.  Anywhere  from  five  to  ten  to 
fifteen  minutes  after  the  instruments 
zvere  in,  and  they  were  adjusted. 

Q.  Could  you  testify  as  to  how 
many  personally  you  saw  read? 

A.  I  don't  remember ;  possibly 
somewhere  around  25  or  30  lamps. 
I  went  around  zvith  the  wagon  some- 
times, xvith  the  men;  I  would  leave — 
let  them  go  for  a  zvhile,  and  then  go 
back  again  to  see  that  they  zvere  con- 
ttnuing  in  their  zuork  properly. 

Q.  Were  the  men  out  practically 
all  night  making  their  tests? 

A.  I  do  not  knozv.  I  made  checks 
zvith  them  in  the  day  time;  I  did  not 
do  any  testing  at  night. 

Q.     Oh,  these  are  day  tests? 

A.  Day  tests,  zvith  a  load  put  on 
the  same  as  at  night,  under  precisely 
the  same  condition. 

Q.  Well,  it  is  a  fact  that  the  load 
was  put  on  for  the  purpose  of  mak- 
ing these  tests? 

A.     Yes. 

Q.  Then  it  was  not  a  service  test 
at  all,  was  it  ? 

A.  A^o  sir,  only  I  wish  it  under- 
stood that  the  conditions  of  load  were 
the  same  as  at  night,  although  it  was 
not  what  you  would  call  a  serznce 
test. 

Q.  Do  you  know  what  the  night 
run  was? 

A.    I  was  told. 

Q.  I  am  not  questioning  your 
good  faith ;  but  do  you  know  that 
thing  yourself? 

A.    I  could  not  szvear  to  the  fact 


that  they  did  run  the  same,  but  I 
have  no  reason  to  believe  that  they 
zvould  try  to  deceive  me  as  to  what 
they  were  doing  at  night  as  compared 
to  what  they  zvere  doing  in  the  day 
time,  because  they  were  anxious  to 
find  out  what  condition  they  were  in; 
and  they  certainly  could  not  find  it 
out  by  giving  me  a  false  condition  to 
run  on. 

Q.  If  you,  as  an  engineer,  should 
test  17  lamps  taken  at  random  on 
several  city  circuits,  and  found  the 
wattage  varying  from  240  to  440, 
with  eleven  of  the  number  running 
below  400  watts,  should  you  consider 
that  first-class  service  was  being 
given  ? 

A.  I  should  say  that  there  was 
something  radically  wrong  zvith  the 
lamps.  If  they  varied  that  much, 
they  must  be  out  of  adjustment. 

Q.  Referring  to  your  testimony 
of  yesterday,  is  it  not  a  fact  that 
the  wandering  of  the  arc  off  the 
center  is  infrequent,  and  not  a  part 
of  the  normal  operation  of  the  open 
D.  C.  arc  lamp? 

A.  On  a  calm  night,  if  the  car- 
bons are  in  good  condition,  it  ought 
not  to  get  very  far  off  the  side, 
but  if  there  is  a  little  bit  of  wind, 
it  would  be  apt  to  chase  over. 

Q.  Now,  is  it  not  a  fact  that  in 
the  A.  C.  enclosed  lamp  the  wander- 
ing of  the  arc  from  side  to  side  of 
the  carbons,  and  all  over  their  ter- 
minal surfaces,  is  a  part  of  the  nor- 
mal operation  of  the  lamp,  as  shown 
by  the  uniform  way  in  which  the 
ends  of  the  carbons  are  smoothed 
oflF? 

A.  Yes.  I  would  like  to  explain 
that  notwithstanding  the  range  that 
that   covers   in    zvandering   about   is 


CROSS-EX  AMIN  A  TION—R  YAN. 


225 


greater  than  the  open  arc,  the  change 
in  the  luminosity  due  to  that  wan- 
dering is  not  to  be  compared  to  the 
variation  you  get  in  the  open  arc 
due  to  the  wandering. 

Q.  I  believe  you  stated  yesterday 
that  the  average  maximum  of  the 
enclosed  arc  was  given  by  curve  C 
in  Figure  4  of  Exhibit  "B."  Now, 
do  I  understand  that  this  average 
maximum  is  derived  from  the  pho- 
tometric readings  taken  when  the  arc 
is  quite  over  to  one  side  of  the 
carbons  ? 

A.     Yes. 

Q.     Would  that  not  be  represent- 
ed by  the  larger  lobe  of  Figure  6A? 
A.     Yes,    it   would. 

Q.  And  when  the  arc  had  passed 
to  the  other  side  of  the  carbons, 
you  would  obtain  what  you  would 
properly  call  the  average  minimum, 
wouldn't   you? 

A      Ye.s: 

Q.  Have  you  the  average  mini- 
mum curve  which  would  properly 
correspond  to  the  average  maximum 
of    Curve    C    in    Figure   3? 

A.    No,  sir,  it  is  not  here. 

Q.  Have  you  that  curve  for  alter- 
nating enclosed  lamps  ? 

A.  Not  here,  hut  the  ratio  is  three 
to  one. 

Q.  Now,  wouldn't  the  combination 
of  these  two  curves,  the  maximum 
and  minimum,  give  the  proper  aver- 
age or  normal  curve? 

A.  It  will  give  you  the  results  I 
read  this  morning,  which  take  both 
sides  into  consideration. 

Q.    Now,  referring  to  that  Figure 


6  A  and  B  again;  have  you  similar 
curves  for  the  distribution  with  the 
arc    central  ? 

A.  I  think  not,  except  in  that 
book. 

Q.    That  would  be  the  central  one? 
A.     Yes,  in  Figure  6  B. 

Q.  Well,  is  this  Figure  6  B,  with 
the  arc  central,  substantially  cor- 
rect? 

A.  Yes;  you  will  please  under- 
stand though  that  these  curves  are 
merely  diagramatic ;  they  do  not 
represent  the  variation  at  all. 

Q.  From  this  maximum  and  min- 
imum data,  how  did  you  obtain  the 
mean  lower  hemispherical  candle- 
power  of  the  6.6  alternating  current 
enclosed  lamp,  or  any  other  lamp? 

A.  I  took  the  candle-power  at 
angles  of  10  degree  intervals  below 
the  horizontal,  zveighted  each  with 
a  zone  factor  and  then  averaged  the 
figures  resulting   therefrom. 

Q.  Can  you  sketch  that  for  us 
on  the  board? 

A.  I  will  explain  it  by  reference 
to  this  Exhibit  G.  Assume  that  the 
illumination  on  the  horizontal  is  300 
candle-power;  then  we  will  call  the 
candle-power  310,  for  example,  ten 
degrees  below.  These  are  merely 
figures  for  illustration,  and  bear  no 
relation  to  a  candle-power  curve.  Of 
course,  these  points  are  ordinarily 
located  before  the  curve  is  drawn; 
ive  are  doing  this  backward,  so  to 
speak.  Now,  in  order  to  obtain  the 
mean  spherical  candle-power,  we  will 
take  the  illumination  at  each  point, 
completely  around,  zveight  it  with  the 
zone  factor,  zvhich  integrates  for  the 
relative  areas  over  which  the  light 
is  spread.     We  next  take  both  sides. 


226 


CROSS-EX  AMIXATIOX— RYAN. 


the  high  and  the  low,  so  as  to  be  fair, 
and  average  the  two;  this  gives  us  the 
mean  spherical  candle-power  of  the 
light;  it  also  gives  us  the  maximum 
and  the  minimum,  and  shozus  how 
much  the  lamp  varies  due  to  the 
travel  of  the  arc.  In  order  to  obtain 
the  loivcr  hemispherical  candle-power, 
disregarding  any  reflector  on  the 
lamp,  we  merely  go  through  the 
same  process  in  the  lower  hemi- 
sphere. To  get  the  mean  lozuer  hemi- 
spherical candle-power  with  reflector 
raises  the  question  how  efficient  the 
reflector  zvill  be.  This  introduces 
another  variable.  We  generally  take 
the  light  in  the  upper  hemisphere 
and  deduct  about  twenty-five  per 
cent,  for  loss  from  the  reflector ;  these 
figures  that  I  have  given  you  are 
approximated  on  that  basis,  and  it 
seems  to  me  to  be  about  as  fair  a 
way  to  get  at  it  as  we  can. 

Question  by  Arbitrator: 

What  do  you  mean  by  the  zone 
factor,  Mr.  Ryan? 

A.  It  is  the  ratio  between  the 
areas  of  horizontal  bands  of  equal 
width   surrounding  a  sphere. 

Cross-examination  Continued  by 
Mr.  Robinson. 

Q.  Please  look  at  Figure  8  of  Ex- 
hibit B ;  how  was  the  data  for  that 
line  obtained,  and  from  whom? 

A.  That  is  just  an  approximate 
curve  for  illustration. 

Q.    Well,  did  you  intend  to  make 
it  quantitative? 
A.    I  did,  yes,  just  approximately. 

Q.  In  your  direct  examination,  re- 
ferring to  Exhibit  No.  45,  you  said 
that  the  A.  C.  enclosed  lamp  gave 
a  brighter  light  at  the  time  the  bright 


spot  was  made  in  the  line,  than  any 
other  lamp  consuming  the  same  en- 
ergy, and  that  the  extreme  heat,  at 
the  time  the  bright  spot  in  the  line 
was  made,  carried  the  light  over  the 
dark  point;  will  you  explain  that? 

A.  An  A.  C.  arc  lamp,  to  take  the 
same  arc  wattage  as  a  D.  C.  lamp, 
tvould  naturally  have  a  higher  cur- 
rent, and  the  higher  current  density 
zuould  assist  in  compensating  for  the 
dark  area  during  the  change  of  direc- 
tion in  the  current. 

Q.  Didn't  you  say  that  at  the 
light  moment  the  temperature  was 
higher,  and  carried  the  light  over  the 
dark   spot? 

A.  What  I  had  in  mind  to  imply 
was  that,  by  using  a  higher  current 
density,  there  was  more  brilliancy 
than  there  zvould  be  if  he  used  the 
same  current  density;  it  would  be 
equivalent  to  the  experiment  per- 
formed by  the  Professor. 

Q.  What  would  be  the  effect  of 
having  the  current  density  higher? 

A.  It  would  tend  to  increase  the 
efficiency  of  the  arc. 

Q.  That  is,  the  amount  of  light 
given  out? 

A.     Yes. 

Q.     And   why? 

A.  Because  it  would  enlarge  the 
crater,  and  there  zvould  be  less  chill- 
ing effect  around  the  crater  surface. 

Q.  You  are  speaking  now  of  the 
alternating  enclosed  arc? 

A.  Yes.  The  volatilizing  point  is 
equal  for  the  same  grade  of  carbon 
in  either  the  open  or  enclosed  lamp. 

Q.  Is  the  curve  for  the  6.6  A.  C. 
enclosed  scries  arc  in  Figure  3,  Ex- 
hibit  B? 


CROSS-EXAMINA  TION—R  VAN. 


227 


A.    No,  sir. 

Q.  Page  II,  Exhibit  B,  reads: 
"We  will  now  contrast  the  two  en- 
closed arc  lamps,  namely,  direct  cur- 
rent and  alternating  current,  each 
consuming  approximately  the  same 
watts  at  arc.  Referring  to  candle- 
power  curves  (Fig.  3),  it  will  be 
observed  that  the  direct  current  lamp 
gives  slightly  more  light  than  the 
alternating."  Now,  the  alternating 
current  there  was  7.5  amperes,  was 
it   not? 

A.     Yes,  it  was. 

Q.    And  the  enclosed  was  6.6  am- 
peres ? 
A.     Yes. 

Q.  But  you  don't  say  that  in  that 
paper? 

A.  I  said  here,  consuming  approx- 
imately the  same  energy:  the  6.6  am- 
pere enclosed  D.  C.  consumes  approx- 
imately the  same  zcattage  as  a  7.5 
ampere  A.  C.  enclosed  lamp. 

Q.  I  know  they  do,  Mr.  Ryan,  but 
now,  neither  the  reading  from  which 
you  have  read  this  morning  nor  the 
figures   to   which   you    refer,   neither 


of  those  things  gives  the  lamp  that 
is  in  use  here  on  the  streets,  does 
it? 

A.     No,  sir. 

Q.  Will  you  state  approximately 
the  difference  in  the  cost  of  opera- 
tion of  the  9.6  D.  C.  open  arc  and 
the  6.6  A.   C.   series   alternating? 

A.  The  figures  that  I  have  are 
for  the  old  style  system  9.6  ampere 
open  arc  lamp,  compared  zvith  a  cor- 
responding system,  which  is  the  direct 
current  enclosed  arc  lamp.  Annual 
operating  expense,  open  arc,  trim- 
ming $5.40,  carbons  $5.50,  globes  20 
cents,  repairs  $2.00;  total,  $13.10. 
Enclosed  lamp,  trimming  $2.40,  car- 
bons $1.20,  outer  globes  20  cents,  in- 
ner globes  45  cents,  repairs  $1.00;  to- 
tal $5.25.  Saving  per  lamp  per  year, 
$7.85.  Now,  I  understand  that  the 
cost  of  Maintaining  the  alternating 
lamp  is  somewhat  higher  than  the 
direct  current  enclosed  lamp,  because 
the  lamp  is  of  shorter  life,  has  to  be 
trimmed  a  little  more  frequently,  and 
the  repairs  would  probably  run  a 
little  higher.  I  don't  know  just  how 
much,  probably  not  over  $2.00. 

Board  adjourned. 


228 


RE-DIRECT   EX  AMI  N  A  TION—R  VAN. 


THE    BOARD    MET,    PURSUANT    TO    ADJOURNMENT, 
AT  9  A.  M.,  FEBRUARY  7,  1907. 


MR.  RYAN  recalled  to  the  stand. 

Re-direct  Examination  by  Mr. 
Schuyler. 

Q.     What  is  Exhibit  No.  40? 

A.  This  set  of  curves  is  the  final 
summing  up  of  five  or  six  years' 
work.  It  covers  a  range  of  current 
from  4  to  10  amperes;  gives  the  mean 
hemispherical  and  spherical  candle- 
poxvers  with  other  data,  and  it  is 
probably,  without  doubt,  the  nearest 
or  closest  approximation  of  what 
would  be  expected  from  lamps  of  that 
type,  at  a  fixed  voltage  and  a  fixed 
wattage,  of  any  curves  that  have  ever 
been  made. 

Q.  Explain  what  Exhibit  No.  41 
is? 

A.  I  would  like  to  call  attention 
to  the  general  shape  of  the  curve  of 
the  direct  current,  enclosed  arc.  It 
will  be  observed  that  a  larger  pro- 
portion of  the  light  from  this  lamp 
is  naturally  below  the  horizontal  than 
in  the  case  of  the  alternating  arc, 
which,  barring  the  question  of  re- 
flectors, would  naturally  make  that 
lamp  appear  a  more  brilliant  illumin- 
ant  because  the  light  more  nearly 
approaches  the  open  arc,  that  is,  the 
ma.vimum  strikes  the  ground  near  the 
pole.  The  general  impression  gained 
would  be  that  it  ivas  considerably 
brighter  than  the  other  lamp.  It 
will  also  be  observed  that  the  min- 
imum in  the  alternating  lamp  does 
not  fall  proportionately  so  lozv  as 
it  does  in  the  direct  current,  and 
that  the  alternating  disribution  is 
more  nearly  spherical;  the  curve  is 
rounder.     If    any    comparisons    ar^ 


to  be  made  between  these  illumina- 
tions of  the  open  arc  and  the  enclosed 
arc  on  a  candle-pozver  basis,  these 
curves  more  nearly  represent  what 
you  should  expect  to  find  than  any 
data  heretofore  given,  although  you 
will  find  practically  no  difference,  ex- 
cept that  these  are  for  multiple 
lamps,  ivhile  the  other  data  is  for 
the  series   lamp. 

To  obtain  the  lower  hemispherical 
candle-power,  with  reflectors  and 
clear  globes,  fro)n  these  cui-ves,  first 
add  ID  per  cent,  to  the  mean  spheri- 
cal candle-power,  to  compensate 
for  the  light  lost  in  absorption 
of  the  opal  globe,  with  which  these 
tests  were  made.  Then  deduct 
the  difference  between  the  mean 
spherical  and  the  lower  hemi- 
spherical from  the  mean  spherical 
candle-poiver  and  the  remainder  rep- 
resents the  upper  hemispherical 
candle-pozver,  from  zvhich  about  25 
per  cent,  should  be  deducted  to  cover 
loss  in  the  reflector;  what  remains 
should  be  added  to  the  lozver  hemi- 
spherical candle-pozver  of  the  lamp 
zvithout  reflector,  and  you  then  have 
the  lower  hemispherical  candle- 
power  with  reflector. 

Q.  Are  curves  in  both  Exhibits 
Nos.  40  and  41  made  with  opal 
globes? 

A.  Yes.  I  might  state  that  re- 
flectors are  being  designed  to  change 
them  entirely,  so  you  cannot  bank 
very  much  on  those  maximums,  be- 
cause different  reflectors  zvill  giz>e 
you  different  results:  but  they  fairly 
represent  the  total  flux  delivered. 


RB-DIRECT    EXAMINA TION—R YAK. 


>2f) 


Q.  You  haven't  any  curves  of  the 
series  lamps? 

A.  No,  sir,  but  they  will  give  the 
same  relative  values. 

Q.     There  is  no  9.6  ampere? 

A.  No,  these  are  all  enclosed  arcs; 
enclosed  alternating  and  enclosed  di- 
rect. You  zvill  observe  from  the 
characteristics  of  the  two  sets  of 
curz'cs  presented  that  the  turning 
down    of   the   light   from    the   upper 


hemisphere  from  the  direct  current 
lamp  wouldn't  help  out  nearly  so 
much,  because  there  is  so  much  more 
light;  so  when  you  place  a  reflector 
on  both  lights  that  way,  then  you 
bring  the  lamps  more  nearly  to  a 
basis  of  equality;  there  still  exists 
one  thing  in  favor  of  the  direct  cur- 
rent, but  as  to  the  question  of  dis- 
tribution, I  think  there  is  not  a  great 
deal   of  difference. 

Witness  excused 


230 


DIRECT    EXAMINA TION— HUMPHRY. 


MR.  C.  W.  HUMPHREY,  being 
first  duly  sworn  in  behalf  of  the  de- 
fendant, testified  as  follows,  to  wit : 

Examination  by  Mr.  Schuyler. 

Q.  Are  you  acquainted  with  a 
resolution  passed  by  the  National 
Electric  Light  Association,  which  has 
been  referred  to  here? 

A.     Yes. 

Q.  To  what,  in  your  opinion,  did 
that  resolution  refer? 

A.  I  have  always  looked  at  that 
resolution  as  referring  to  any  arc 
consuming  450  watts  at  its  terminals, 
as  meaning  a  2000  candle  power  lamp. 

Q.  In  1898,  Mr,  Humphrey,  the 
City  of  Colorado  Springs  granted  to 
George  W.  Jackson,  his  associates 
and  assigns,  a  franchise,  the  language 
of  which,  so  far  as  it  is  material  here, 
is  as  follows : 

"During  the  remainder  of  the  term 
of  this  grant  said  Jackson  and  his 
assigns  shall  furnish  to  the  City  of 
Colorado  Springs  such  arc  lights  of 
standard  2000  candle  power  each,  as 
may  be  required  by  said  city  for  the 
purpose  of  lighting  its  streets,  alleys 
and  public  grounds;" 

Taking  this  language  alone  into 
consideration,  from  the  practical 
standpoint  of  your  experience,  what 
is  the  meaning  of  the  term  "stan- 
dard 2,000  candle-power  arc  light" 
as  therein  used? 

A.  I  li'ould  consider  that  as 
»ieaning  any  arc  lamp  for  street  illu- 
mination that  zvould  show  a  con- 
sumption of  450  w:itts,  at  its  ter- 
minals. 

Q.  Will  you  explain  your  opinion 
as  to  the  relative  merits  of  the  9.6 
ampere  D.  C.  open  arc  lamp,  and  the 


6.6  ampere  A.  C.  enclosed  arc  lamp, 
in  practical  operation? 

A.  I  have  always  considered  that 
the  A.  C.  6.6  arc  was  a  better  light 
as  far  as  distribution  was  concerned, 
and  gave  a  better  quality  of  light, 
than  the  9.6  ampere  D.  C.  lamp. 

Q.  How  with  reference  to  the 
subject  of  shadows? 

A.  It  is  comparatively  free  from 
shadows. 

Q.  What  is  the  condition  of  the 
9.6  direct  current  open  arc? 

A.  Sometimes  there  is  nothing 
else  but  shadoivs. 

Q.  Explain  what  the  practical  op- 
eration of  the  9.6  lamp  is,  as  to  va- 
riation ? 

A.  Prom  my  observation  of  them, 
there  is  ahi'ays  more  or  less  flicker- 
ing of  the  light,  and  it  is  very  un- 
steady; it  may  be  very  bright  at  one 
time  and  very  dark  at  another;  light 
on  one  side,  and  dark  on  the  other 
side.  It  depends  a  good  deal  on  the 
condition  of  the  weather.  Take  a 
stormy  night,  when  the  snow  and 
wind  can  get  into  the  globe,  it  gives 
very  poor  results. 

Q.  In  your  opinion,  what  is  the 
possibility,  from  a  practical  stand- 
point, of  measuring  the  candle-power 
of  such  a  light? 

A.  I  have  never  heard  of  its  being 
done  and  have  never  attempted  it 
myself. 

Q.  Would  you,  as  a  practical 
man,  say  that  it  was  possible  to  be 
done,  in  practical  operation? 

./.  /  suppose  the  candle-pozver 
could  be  measured  at  certain  instants, 
but  not  over  any  length  of  time;  it 


DIRECT    EXAM  IN  A  TION—H  UMPHR  Y. 


231 


would   be    no    criterion    of   the   per- 
formance of  the  lamp. 

Q.  Is  the  9.6  ampere  lamp  increas- 
ing or  decreasing  in  use? 

A.  It  is  rapidly  falling  off  in  use. 
In  fact,  it  is  very  hard  to  get  repair 
parts  or  new  lamps  at  all  at  the  pres- 
ent date. 

Q.  To  what  cause  do  you  attribute 
the  falling  off  in  the  use  of  that 
lamp? 

A.  Why,  everybody,  of  course,  is 
trying  to  obtain  better  light,  better 
illuminati'^n,  and  as  time  goes  on, 
and  a  better  lamp  comes  into  the 
market,  the  people  are  anxious  to 
obtain  it;  and  it  has  been  considered 
that  the  6.6  ampere  alternating  arc 
is  much  superior  to  the  old  9.6  open 
arc,  and  in  the  majority  of  cities 
they  have  been  very  glad  to  have 
the  companies  change  over  to  the 
alternating  arc.  I  would  say  that 
that  is  the  principal  reason  for  the 
increased  use  of  the  6.6  over  the  old 
Q.6.  In  fact,  I  understand  that  some 
of  the  companies  have  discontinued 
the  manufacture  of  those  lamps  en- 
tirely. 

Q.  From  the  standpoint  of  prac- 
tical operation,  was  there  any  in- 
herent defect  in  the  9.6  ampere  lamp? 

A.  Yes.  the  lamps  are  very  hard 
to  keep  in  repair;  in  fact,  to  keep 
a  9.6  ampere  lamp  in  good  repair 
requires  the  services  of  more  than 
an  ordinary  trimmer;  he  must  be 
an  expert  in  that  line;  the  alignment 
of  coils  and  armature  must  be  per- 
fect; the  rod  that  feeds  the  carbon 
must  be  perfectly  straight,  free  from 
dirt,  grit,  and  this  has  to  be  polished 
Tvith  crocus  cloth,  and  any  slighting 
of  this  work  will  cause  the  lamp  to 
flame,   give   poorer   service,   sputter. 


etc.  The  rod  sliding  up  and  down 
with  the  carbon  is  exposed  to  the 
elements,  and  no  man  can  get  around 
to  that  lamp  frequently  enough  to 
keep  this  rod  clean;  and  in  the  case 
of  a  sleet  storm,  or  anything  of  that 
kind,  it  is  bound  to  become  clogged, 
dirty,  greasy,  gritty.  We  have  ahvays 
had  a  lot  of  trouble  zuith  operating 
our  D.   C.  lamps. 

Q.  Comparing  climatic  conditions 
here  and  in  the  east,  which  would 
\ou  say  was  the  more  favorable  to 
the  operation  of  the  9.6  lamps? 

A.  Why,  I  believe  the  east  is  a 
little  more  favorable  to  their  opera- 
tion, although  zve  used  to  have  a 
great  deal  of  trouble  with  them  there 
at  Madison. 

Q.  In  your  experience  what  has 
been  the  basis  of  measurement  upon 
which  to  predicate  a  charge  for  ser- 
vice  of   arc  lamps? 

A.     Wattage  measurement. 

Q.  What  do  you  say  as  to  the 
practicability  and  fairness  of  basing 
such  charges  upon  a  candle-power 
basis  ? 

A.     I  never  knew  of  its  being  done. 

Q.  What  are  the  reasons  that  mil- 
itate against  it? 

A.  Because  no  lamp  can  be  guar- 
anteed to  give  a  certain  candle- 
power;  and  if  it  has  a  cnndlc-pozarer 
assigned  to  it  there  is  no  assurance 
that  this  will  be  the  candlc-poiver 
it  will  always   operate  at. 

Cross-examination  by  Mr.  Rob- 
inson. 

Q.  Mr.  Humphrey,  do  you  know 
when  the  resolution  was  passed  to 
which  counsel  has  called  your  atten- 
tion ? 


232 


CROSS-EX  AMIN  A  TION—H  UMPHR  Y. 


A.    I  believe  it  was  in  1898. 

Q.     Do  you  believe  it  was  in  1898? 

A.  I  wouldn't  be  sure  as  to  the 
date;  I  know  I  have  read  it,  and 
heard  about  it  a  great  many  times. 

Q.  Well,  what  was  your  occupa- 
tion, Mr.  Humphrey,  in  1894? 

A.  I  zvas  a  student  at  the  High 
School  in  Waterloo,  Wis. 

Q.  Would  you  tell  this  Board 
that  you  had  any  experience  what- 
ever with  arc  lamps  in  1894? 

A.    I  had  not. 

Q.  What  were  you  doing  just  pre- 
vious to  last  May? 

A.  I  zvas  engineer  for  the  Denver 
Gas  and  Electric  Company. 

Q.  Now,  from  whom  did  the 
Denver  Gas  and  Electric  Company 
last  buy  new  open  arc  lamps  and 
dynamos  ? 

A.  I  have  been  with  the  company 
about  six  years,  and  during  that  time 
no  new  arc  lamps,  open  arcs,  have 
been  purchased;  there  were  some 
second-hand  ones  purchased,  as  noth- 
ing else  could  be  procured  at  a  rea- 
sonable price. 

Q.  Do  you  know  whether  or  not 
they  attempted  to  buy  any? 

A.  There  were  inquiries  made  of 
the  General  Electric  Company. 

Q.  What  was  paid  by  the  com- 
pany for  tlic  second-hand  arcs  they 
did  buy? 

A.     Two  dollars  apiece. 

Q.  Do  you  know  of  your  own 
knowledge  of  any  company  that  has 
substituted  the  6.6  ampere  enclosed 
alternating  series  lamp  for  the  9.6 
ampere  direct  current  open  arc  lamp, 
within  the  last  few  years? 


A.  I  don't  recall  right  now  any 
that  have  changed,  although  I  have 
heard  of  several. 

Q.  Did  I  understand  you  to  say, 
Mr.  Humphrey,  that  in  Denver  you 
i-old  your  product  by  watts? 

A.     That  is  the  basis,  yes. 

Q.     The  arcs? 

A.  The  rate  on  arc  lamps  is  based 
on  so  much  a  year. 

Q.  I  suppose  the  kind  of  arc  is 
specified,   is  it? 

A.  I  don't  remember  how  the  con- 
tract reads;  they  are  the  open  9.6. 

Question  by  Arbitrator: 

Q.     Tliey  are  still  in  use  there? 

A.  Yes,  although  they  have  sev- 
eral other  forms  of  illumination 
there;  the  last  installed  were  enclosed 
alternating  arcs. 

Q.    In  Denver? 

A.  Yes;  there  were  125  enclosed 
multiple  alternating  arc  lamps  in- 
stalled on  Sixteenth  street  recently. 

Examination  Continued  by  Mr. 
Robinson. 

Q.     How  many  to  the  block? 
A.     I   think   there  are   eight. 

Q.     How  long  are  the  blocks? 
A.     The  blocks  are  about  450  feet; 
I  wouldn't  swear  to  those  figures. 

Q.  Were  those  lamps  installed  in 
the  place  of  the  9.6  open  arc  lamps? 

A.  Yes;  the  9.6  arc  lamps  are  still 
hanging  on  that  street;  these  other 
lamps  haven't  been  lit  as  yet,  but  as 
soon  as  they  are  lit,  their  expectation 
is  to  take  these  9.6  arc  lamps  down. 

Q.  How  many  of  the  9.6  lamps 
were  there  in  the  block? 


RE-DIRECT    EXAM  IX  A  TIOS-HVMPHR  Y 


n'i 


A.     One  on  each  end  of  the  block. 

Q.  Then  in  place  of  the  two  of  the 
9.6  ampere  there  will  be  eight  of 
the   others? 

A.     Yes. 

Re-direct  Examination  by  Mr. 
Schuyler. 

Q.  What  is  going  on  on  Sixteenth 
street  in  Denver? 

A.  Sixteenth  street  is  the  retail 
district  of  Denver;  they  are  striving 
to  make  it  one  of  the  best  illuminated 
streets  in  the  world.  There  is  a 
great  deal  of  strife  in  Denver  in 
regards  to  lighting,  both  decorative 
and  street  lighting.  In  fact,  they 
have  put  in  a  good  many  incan- 
descent and   Nernst    lamps    on    the 


streets,  and  Sixteenth  street  zvill  be 
the  principal  lighted  street  in  the 
city   and    the    best    illuminated. 

Q.  Well,  was  the  intention  to  try 
and  get  the  same  amount  of  light 
by  the  use  of  eight  7  ampere  enclosed 
alternating  arc  lights  in  a  block,  as 
was    formerly   given   by   a  9.6? 

A.     Oh,  no. 

Q.     What  was  the  idea? 

A.  They  zvere  trying  to  get  a  uni- 
form illumination  along  that  street 
nearly  equal  to  the  illumination  found 
under  the  arc  lamps;  they  are  try- 
ing to  eliminate  those  circles  en- 
tirely. 

Witness  excused. 


234 


DIRECT    EX  AM  IN  A  TION—LA  WLER. 


MR.  J.  C.  LAWLER,  being  first 
clul}'  sworn  in  behalf  of  the  defend- 
ant, testified  as  follows,  to  wit : 

Examination  by  Mr.  Schuyler. 

Q.  Have  you  at  any  time  assist- 
ed at  or  supervised  any  tests  of  the 
lamps  on  the  streets  of  this  city? 

A.     Yes. 

Q.     When  was  that,  Mr.  Lawler? 

A.  We  tested  the  lamps  on  the 
streets  at  different  times;  the  last 
time  was  in  September  of   1906. 

Q.     Was    that   the    occasion    when 
Mr.  Ryan  was  in  the  city? 
A.     Yes. 

Q.  Please  explain  to  the  Board 
how  those  tests   were   made? 

A.  We  arranged  a  sxintchboard, 
which  contained  a  volt-meter,  a  watt- 
meter, and  ammeter.  The  switch- 
board was  placed  in  a  wagon,  and 
ii'e  would  drive  up  under  a  lamp, 
which  zvould  be  lozvered  to  a  con- 
venient distance  from  the  wagon,  and 
connected  so  that  the  current  voltage 
and  watts  of  the  lamp  zvould  be  in- 
dicated   on    these    instruments. 

The  tamp  zvas,  of  course,  turned 
off  during  the  time  of  making  the 
connections,  and  turned  on  as  soon 
as  the  connections  were  made. 

I  had  with  me  at  different  times 
three  or  four  men  besides  myself. 

The  ammeter  zvas  zv.itched  all  the 
lime  to  see  that  it  zvas  carrying 
proper  amperage.  After  the  lamp 
zvas  turned  oji  I  zvatched  the  zvatl 
meter,  to  see  zvhat  the  zvattage  would 
come  up  to.  If  it  ran  up  to  500 
zi'utts,  I  zvould  not  take  that  as  a 
reading,  but  would  turn  it  off  and 
turn  it  on  again.  It  might  happen 
that  the  clutch  wouldn't  work  right 


maybe  the  carbon  zvould  be  out  of 
place,  and  after  trying  fhe  lamp 
several  times  zvith  the  knnp  burning 
for  a  minute  each  time,  to  see  that 
it  settled  down  to  what  appeared  to 
be  its  normal  zvattage,  I  zvould  say, 
'"N'oTV,"  and  two  men  would  read 
the  ammeter  and  volt-meter,  re- 
spectively, at  the  same  time  I  read 
the  watt-meter.  That  zvas  zvhat  we 
called  a  "found"  condition.  If  the 
lamp  zvas  too  high  or  too  low,  I 
zvould  generally  try  and  find  out 
the  reason  by  removing  the  outer 
case  and  looking  for  places  binding, 
or  for  a  loose  joint,  or  a  slipped 
zveight;  and  if  any  new  parts  were 
reeded  zve  put  them  in  and  adjusted 
the  lamp,  and  zvould  leave  it  gen- 
erally between  460  and  470  watts 
on  the  pick-up.  A  record  zvas  made 
of  the  final  readings,  and  kept  as 
shozving  the  "left"  condition.  The 
average  running  zvould  be  from  6-8 
per   cent,   higher. 

Q.  Well,  how  generally  over  the 
city   did  you  make  the  tests? 

A.  All  over  the  city;  there  were 
a  few  lamps  zvhich  zve  couldn't  get  at, 
due  to  local  conditions;  possibly 
the  zvagon  couldn't  get  under  the 
arc  because  of  a  ditch  or  something 
of   that   nature. 

Q.  What  did  you  do  with  those 
lamps? 

./.  They  zverc  brought  into  the 
phinf,  and  a  nczv  lamp  was  taken 
out.  These  lamps  brought  in  were 
tested  under  the  same  conditions 
as   they   had   been   on   the   line. 

Q.  Does  Exhibit  "J"  show  the 
true 'results  of  the  tests  which  you 
made   of   the   lamps? 

A.     Yes,     except     of     the     lamps 


DIRECT    EXAMINATION—LAW LER. 


235 


tested  at  the  station.     It  is   the  re- 
fort  which  I  got  up  at  that  time. 

Q.  How  many  readings  did  you 
make  at  a  time? 

A.  We  only  kept  a  record  of  one 
reading,  as  we  found  the  lamp,  and 
that  reading  was  recorded  at  what 
I  zvould  call,  from  )ny  experience 
with  arc  lamps,  as  the  normal  read- 
ing. 

Q.  And  how  did  you  arrive  at  the 
normal  conditions? 

A.  By  trying  the  lamp  several 
times;  then  if  it  came  to  the  same 
point  each  time,  we  took  that  read- 
ing, and  if  different  results  were 
not  consistent  with  each  other,  we 
found  what  seemed  to  be  the  nor- 
mal condition  of  the  lamp,  as  the 
average  of  zvhat  it  would  be  at  the 
pick-up. 

Q.  And  this  normal  reading  was 
the  result  of  several  readings  to  get 
at  what  the  lamp  was  doing;  is 
mat  it? 

A.  Yes;  that  is  the  only  reading 
xvhich   was   pLiced    on    record. 

Q.  Will  ycu  state  what  is  Ex- 
hibit "L"? 

A.  These  are  the  results  of  the 
lamps  which  zvere  brought  into  the 
plant  and  there  tested. 

Q.    And    are    these    accurate    re- 
sults of  the  readings  there  made? 
A.     They  are. 

Q.  What  conditions,  as  com- 
pared with  the  street  tests,  were 
those  made  under? 

A.  Exactly  the  same  conditions, 
so  far  as  the  lamp  was  concerned. 

Q.  Xow,  what  preparation,  if  any, 
at  the  plant,   was  made  in  anticipa 


tion    of    the    making   of    these   tests 
upon  the  streets  of  the  city? 

A.  We  simply  turned  on  the 
lamps. 

Q.     Any  changes   in  conditions  at 
the   plant  ? 
A.     No,  sir. 

Q.  Any  variance  in  the  machin- 
ery? 

A.  Not  in  the  least.  I  called  up 
by  telephone  a  great  many  times  to 
see  that  their  instruments  and  ap- 
paratus were  under  exactly  normal 
conditions,  and  checked  up  with  ours 
on   our  wagon. 

Q.  What  do  you  say  as  to  the  ac- 
curacy of  the  meters  emploj-ed  by 
this  company  since  February  15th, 
1905,  so  far  as  they  have  come  un- 
der your  observation? 

A.  I  have  been  able  to  keep  all 
meters  within  one  per  cent,  of  cor- 
rect. 

Q.  Were  you  present  at  a  test 
made  by  Professor  Shedd  in  the 
laboratory  at  Colorado  College  last 
Saturday   evening? 

A.    I  was. 

Q.  What  have  you  to  say  with 
reference  to  the  correctness  of  that 
test,  as  showing  that  the  light  from 
an  alternating  current  lamp  was  30 
per  cent,  less  than  that  of  the  light 
from  the  direct  current  arc  lamp, 
carrying  the  same  amperage? 

A.  I  don't  consider  that  as  cor- 
rect by  any  means. 

Q.     For  what  reasons? 

.  /.     Because  the  mean  effective  am 
pcres    from    an    alternating    current 
IS   zvhat    is   equ.valent    to    the    same 
amperes  flozifing  from  a   direct   cur 


236 


CROSS-BXAMINA  T I  ON— LA  WLBR. 


rent.  An  ammeter  measures  the 
mean  effective  aviprres  on  alternat- 
ing currents,  and  if  an  ammeter  on 
an  alternating  current  with  unity 
power  factor  shows  7  amperes,  and 
the  same  on  direct  current  of  7  am- 
peres, the  power  consumed  is  ex- 
actly the  same  thing,  hut  there  is  a 
slight  difference  in  the  light,  due  to 
the  efficiency  of  the  carbons.  It  re- 
quires more  heat  to  raise  a  body  to 
a  certain  temperature  from  a  lower 
temperature  than  it  does  to  main- 
tain it  at  that  temperature ;  and  as 
an  alternating  current  lamp  is  com- 
ing off  and  on,  it  requires  a  slight 
amount  more  of  heat  to  raise  it  to 
that  incandescent  temperature,  than 
it  does  to  maintain  it  at  that  incan- 
descent temperature  after  it  has  once 
been  obtained. 

Cross-examination  by  Mr.  Rob- 
inson. 

Q.  Who  went  with  you  when  you 
made  these  September  tests  of  the 
lamps  on  the  street? 

A.  They  were  all  employes  of  the 
Colorado  Springs  Electric  Company. 

Q.     Were  they  electricians  or  the 

ordinary  employes  of  the  company? 

A.     Two  of  them  were  electricians. 

Q.  Can  you  tell  the  Board  why 
the  Colorado  Springs  Electric  Com- 
pany was  having  the  tests  made? 

A.  To  find  out  whether  the  lamps 
were  doing  what  zvc  thought  they 
ti'ere  doing. 

Q.  Is  it  true  that  the  Colorado 
Springs  Electric  Company  is  furnish- 
ing the  street  light  on  the  streets 
of  this  city? 

A.  That  would  be  a  detail  of  man- 
agement as  to  who  was  furnishing 
the  light;  we  are  attending  to  them. 


Q.  Well,  don't  you  know  that  the 
Colorado  Springs  Electric  Company 
owns,  or  has  charge  of  the  lamps 
on  the  streets  of  this  city? 

A.     They  have   charge   of  the  op 
cration    of    them,   and    have   always 
taken  care  of  them. 

Q.  Isn't  the  current  coming  from 
the  stations  of  the  Colorado  Springs 
Electric  Company? 

.4.  7 he  current  that  feeds  the  arc 
lamps  conies  through  one  of  our  sta- 
tions. 

Q.  That  is,  your  company  buys 
the  current  from  the  Hydro  Electric 
Company,  and  distributes  it  in  the 
streets? 

A.  That  is  what  I  have  supposed 
to  he  true;  1  don't  know  that  it  is. 

Q.  Were  those  September  tests 
made  in  the  daytime  or  the  night? 

A.  Those  tests  were  made  in  the 
daytime. 

Q.  The  current  was  turned  on 
the  circuits  for  that  purpose,  was 
it  not? 

A.     Yes. 

Q.  And  as  I  understood  you, 
when  you  went  to  a  lamp  you  at- 
tached it  to  your  instruments,  and 
then  did  more  or  less  in  the  way  of 
adjusting  it? 

//.  IVc  went  to  the  lamp,  and 
after  taking  the  ivattage  and  the 
measurements  ive  ivanted,  tve  then 
made   adjustments. 

Q.  If  the  first  measurements  that 
you  got  didn't  satisfy  you,  weren't 
in  your  opinion  correct  under  the 
circumstances,  then  you  adjusted  the 
lamp  to  get  what  you  would  term 
tlie  normal  condition? 


CROSS-EXAMINA  TION-LA  WLER. 


237 


A.     Yes. 

Q.  Or  the  condition  which  you 
wanted  ? 

A.  Yes,  the  condition  which 
seemed  proper. 

Q.  Were  you  personally  present 
at  each  of  the  tests  that  are  shown 
in  Exhibit  "J"? 

A.     Yes. 

Q.  Did  Mr.  Rj'an  supervise  these 
tests? 

A.     No,  not  entirely. 

Q.  Well,  at  what  time  did  Mr. 
Ryan  appear  in  the  matter,  if  at 
all? 

A.  He  appeared  soon  after  zvc 
started  making  these  tests;  half  a 
day,    or  something   like    that. 

Q.  Did  Mr.  Ryan  bring  any  in- 
struments with  whicli  to  make  the 
tests   on   the   streets? 

A.  He  ordered  an  instrument 
while  he  ivas  here,  I  believe. 

Q.  What  instruments  were  used 
when  you  began  the  tests? 

A.  They  belonged  to  the  Colo- 
rado Springs  Electric  Company. 

Q.  Were  they  ordered  for  the 
purposes  of  these  tests? 

A.  They  ivere  ordered  for  test- 
ing arc  lights,  and  I  think  they  are 
used  noii'  on   a   regular  board. 

Q.  When  these  tests  were  made 
in  September,  is  it  not  true  that  your 
company  knew  that  the  city  had 
made  some  tests  on  the  streets? 

A.     Yes. 


A.     Yes. 

Q.    And     because     of     the     tests 
which  the  city  had  made? 
A.    sNo. 

Q.  When  was  a  complete  test  of 
all  the  lights  made  by  the  company 
prior  to   September? 

A.  Every  lamp  on  our  system 
has  been  tested  before  Colorado 
College  ever  thought  of  testing  an 
arc   lamp. 

Q.  When  were  they  tested,  Mr. 
Lawler? 

A.     When    they    zvere   put    up. 

Q.  When  did  the  company  send 
out  and  make  a  general  test  of  the 
lights  on  the  street  prior  to  Sep- 
tember? 

A.  We  never  tested  them  all  prac- 
tically at  the  same  time;  nor  have 
we  ever  tested  every  lamp  in  tozvn, 
on  the  .<!treet,  zvith  instruments; 
hozvevcr,  zve  have  a  man  that  does 
nothing  else  but  look  after  these 
lamps  at  night  time. 

Q.  Could  you  mention  another 
time  when  tests  were  made  on  the 
street   lights    with    instruments? 

A.  Some  I  recollect  zvere  made 
last  spring:  I  think  it  zvas  last 
April. 

Q.  How  many  lamps  did  you  test 
at  that  time? 

A.  We  tested  si.v  or  eight  lambs, 
and  it  began  to  rain. 

Q.     Was    that    test    at   night    with 
instruments? 
A.     Yes. 


Q.     And   at    this    time    didn't   you  Q-     ^^^h     the     same     instruments 

go  out  and  test  the  lamps  in  behalf       >'0"  ^^^^  hcrtofore  described? 
of  the  owners?  A.    No,    the     tests   zvc    are   now 


238 


CROSS-EX  AMIN  A  TIOK-LA  WLER. 


speaking  of  were  made  with  Weston 
instruments,  which  you  lay  on  a 
table;  for  the  later  tests,  when  we 
went  out  prepared  to  test  every  lamp 
in  town,  we  arranged  a  switchboard 
for   convenience. 

Q.  Were  the  September  tests 
made  with  switchboard  instruments? 

A.  Yes,  they  are  the  back  con- 
nected fvpe. 

Q.    Have  j'ou  the  calibration  cards 
for  those  instruments? 
A.    No,  sir. 

Q  Have  you  the  record  of  the 
tests  which  you  made  last  April? 

A.  I  might  be  able  to  find  it;  1 
didn't  try  to  keep  any  record  of 
it.  The  test  was  merely  to  find  out 
how  they  were  burning  ai  night 
time,  compared  with  how  they  were 
burning  in  the  day  time. 

Q.  Then  it  wasn't  for  the  pur- 
pose of  determining  the  candle- 
f.ower  of  the  lamps? 

A.  No,  sir;  we  have  never  paid 
any  attention  to  the  measurement  of 
candle-power. 

Q.     How  do  you  get  at  the  light, 
then,   aside    from    candle-power? 
A.    By  watts. 

Q.     How  do  you  determine  candle- 
power   from  watts? 
A.    I  never  determined  it. 

Q.  I  will  show  you  a  copy  of 
Section  9  of  the  Jackson  franchise, 
and  ask  you  if  you  know  whether 
or  not  it  is  under  that  section  that 
your  company  is  furnishing  street 
lights? 

A.  I  have  alzvays  understood  that 
it    was. 


Q.  Well,  will  you  point  out  to  the 
Board  any  part  of  that  contract 
wherein  this  company  of  yours  is 
furnishing  watts  to  this  city? 

A.  "Such  arc  lights  of  standard 
2,000  candle-pozver  each,"  arc  lights 
of  standard  2,000  candle-power  are 
lamps  consuming  450  watts.  Ever 
since  I  have  known  anything  about 
arc  lights,  or  been  acquainted  with 
electric  zvorks  at  all  and  paid  any 
attention  to  the  subject,  it  has  al- 
zvays been  my  opinion  that  a  2,000 
candle-power  arc  is  one  that  con- 
sumed 450  watts. 

Q.  Referring  to  these  tests  of 
September,  did  the  conditions  which 
you  obtained  at  the  lamp  when  you 
took  the  readings  reproduce  service 
conditions? 

A.  They  certainly  should,  for  that 
point,  at  the  pick-up. 

Q.  Then  you  mean  to  say  that 
the  conditions  at  the  lamps  when 
you  took  your  tests,  and  made  your 
readings,  were  the  same  conditions, 
although  in  the  day  time,  that  the 
lamps  were  in  at  night,  when  they 
were  supposed  to  light  the  streets? 

A.     Yes,  sir. 

Q.    If  that  is  true,  then  please  ex 
plain  how  it  happened  that  the  volt- 
age at  these  lamps  was  considerably 
less    when    you     found    them    than 
when  you  left  them? 

A.  On  an  average  of  all  the  cir- 
cuits, the  voltage  was  left  about  2j4 
per  cent,  greater  than  what  we 
found  it. 

Q.  Didn't  you  leave  it  greater  on 
every  circuit  than  you  found  it,  ex- 
cept on  the  east  circuit ;  isn't  that 
true? 

A.    The  report  would  seem  to  in 


RE-DIRECT    EXAMINATION— LAWLER. 


239 


dicate  that  out  of  all  the  lamps 
which  I  raised  and  lowered,  the  aver- 
age raise  was  2J/2  per  cent. 

Q.  Isn't  it  a  fact  that  the  average 
shows  that  the  voltage  per  lamp  was 
raised   from  76.8  to  79.7? 

A.  I  presume  the  figures  are  cor- 
rect. 

Q.     What  is  the  normal  rated  cur 
rent  of  the  6.6  ampere  lamp,  in  use 
here   on   the   street? 

A.     They  are  marked  6.6  ampere 

Q.     What  do  they   run   at? 
A.     The  ammeters  show  about   7 
amperes. 

Q.  Do  3'ou  know  how  long  the 
machines  down  at  the  plant  have 
been  running  at  7  amperes? 

A.    No,  sir,  I  don't. 

Q.  Do  you  know  whether  or  not 
that  was  changed  during  last  sum- 
mer? 

A.  I  couldn't  say;  it  isn't  in  my 
department. 

Q.  I  understood  you  to  say  that 
you  didn't  consider  the  test  made 
by  Professor  Shedd  at  Colorado  Col- 
lege last  Saturday  evening,  as  being 
correct  by   any  means? 

A.     Yes,  as  I  understand  it. 

Q.  Now,  how  do  you  under- 
stand it? 

A.  I  understood  him  to  state  that 
an  alternating  current  lamp  carrying 
the  same  amperage,  I  believe  it  was, 
only  gave  about  70  per  cent,  of  the 
light  ivhich  a  direct  current  lamp 
would,  for  the  reason  that  an  alter- 
nating current  lamp  was  going  out 
sixty  times  a  second. 

Q.     Would  you  say  that  the  tem- 


perature of  the  carbons  was  the 
same  with  direct  current  as  with 
alternating  current,  with  the  same 
wattage  ? 

A.  I  don't  knozv;  I  am  not  a 
laboratory  man  enough  to  measure 
the  temperature  of  carbons;  it  is  a 
point  there  of  making  actual  meas- 
urements. 

Q.  Does  not  a  greater  temperature 
cause   a   greater  light? 

A.     I  presume  that  it  does. 

Q.  You  don't  know  whether  car- 
bons would  reach  a  greater  tem- 
perature with  direct  current  than 
with  the  alternating  current  lamps? 

.4.     I  don't  know. 

Q.  Do  you  know  what  is  the 
shape  of  the  current  curve  in  the 
arc  of  the  alternating  current? 

A.  It  is  likely  to  have  a  differ- 
ence under  different  conditions  but 
ordinarily  it  is  a  sine  curve. 

Re-Direct  Examination  by  Mr. 
Schuyler. 

Q.  When,  with  reference  to  the 
time  of  the  readings  embraced  under 
the  column  "found,"  were  those  ad- 
justments to  which  you  referred 
made  ? 

A.  The  adjustments  were  made 
after  those  results  given  in  the 
"found"  column  zvere  obtained. 

Re-Cross  Examination  by  Mr. 
Robinson. 

Q.  Was  any  representative  of  the 
City  present  at  the  making  of  these 
tests  in   September? 

A.  Certain  city  employes  .  wit- 
nessed the  tests,  but  whether  they 
w'itnessed   the    tests   in    the   capacity 


240 


RE-CROSS-BXAMINATION—LAWLER. 


of   representing    the    city    or    not,    1 
don't   know. 

Q.  Do  you  know  whether  or  not 
the  City  was  notified  that  you  wen^ 
going  to  make  the  tests? 

A.  They  were  not  notified  by  uie, 
or  to  my  knowledge. 


Q.  No  one,  so  far  as  you  know, 
representing  the  city,  pretended  to 
go  around   with  you  and   make  the 

tests? 


A.    No. 


Witness  excused. 


DIRECT    EXAMINATION— DILLON. 


241 


MR.  E.  P.  DILLON,  being  first 
duly  sworn  in  behalf  of  the  defend- 
ant, testified  as  follows,  to  wit : 

Examination  by  Mr.  Schuyler. 

Q.  How  long  have  you  been  with 
the  Colorado  Springs  Electric  Corn- 
pan}',  and  in  what  capacity? 

A.  For  four  years,  as  electrical 
engineer. 

Q.  Are  30U  acquainted  with  the 
apparatus  and  lighting  system  of  the 
company  ? 

A.     I   ant. 

Q.  Please  explain  the  arc  lighting 
system  employed  for  lighting  the 
streets  since  February  15,  1905,  the 
number  of  lamps  in  use  and  number 
of  circuits? 

Stateirent  by  Mr.  Robinson. 

I  think  the  time  has  come  when  it 
should  be  stipulated  in  the  record  that 
the  Colorado  Springs  Electric  Co.  is 
furnishing  light  on  the  streets  of  this 
city.  The  point  being  that  if  the 
Colorado  Springs  Electric  Company 
is  not  furnishing  this  light,  such  tes 
timony  as  it  is  now  proposed  to  in- 
troduce is  incompetent,  as  the  con- 
tract of  the  City  is  with  the  Pike's 
Peak  Hydro-Electric  Company. 

Mr.  Schuyler:  The  point  simply 
is  that  the  Colorado  Springs  Elec- 
tric Co.  is  the  distributing  agent 
for  the  Pike's  Peak  Hydro-Electric 
Company,  and  certainly  the  acts  and 
conduct  of  the  agent  can  be  shown 
in  behalf  of  the  principal. 

Mr.  Robinson :  H  you  say  they 
are  your  agent,  and  you  assume 
responsibility  for  their  acts  in  this 
record,  well  and  good. 

Mr.  Schuyler ;  I  do  not  see  how 
we  can  have  an  agent  and  not'  as- 
sume  resprnsihility   for  his  acts. 


Mr.  Robinson :  But  we  deny  it  is 
a  fact  that  they  are  your  agents. 

Arbitrator :  Has  there  been  any 
evidence  in  the  case  to  show  that  the 
Jackson  franchise  has  been  assigned 
to  the  Hydro  Company? 

Mr.  Robinson :  I  think  so,  yes.  It 
is  stipulated  in  the  article  of  agree- 
ment. 

Mr.  Schuyler :  There  is  no  de- 
sire, however,  to  conceal  anything; 
I  thought  this  entire  matter  was 
covered  bj'  the  agreement.  Before 
we  get  through,  we  will  have  upon 
the  witness  stand  Mr.  TaflF,  through 
whom  we  will  develop  the  exact  re- 
lations   existing. 

We  have  the  privilege  of  offering 
such  evidence  as  we  may  please,  and 
we  reserve  the  right  to  plead  our 
case  as  we  please.  The  details  of 
our  agreement  with  the  Colorado 
Springs  Electric  Company  makes  no 
difference.  We  acknowledge  this 
Company  to  be  our  agent  for  the 
purposes  of  this  hearing. 

Mr.  Holland:  While  the  Colo- 
rado Springs  Electric  Company  is 
not  a  party  to  this  suit,  and  is  only 
incidental!}-  interested  in  this  con- 
troversy, there  is  not  now  and  there 
never  has  been  any  assignment  of 
any  of  the  rights  of  the  Jackson 
franchise  to  the  Colorado  Springs 
Electric  Company,  which  is  the  dis- 
tributing agent  of  the  Hydro  Com- 
pany. 

Arbitrator :  Taking  the  state- 
ment of  counsel  that  the  question 
of  agency  will  be  proven  after- 
wards, it  seems  to  us  that  the  tes- 
timony about  to  be  oflFered  is  rel- 
evant. 

Examination  continued  by  Mr. 
Schuyler. 

Q.  Xow,  Mr.  Dillon,  please  ex- 
plain about  the  number  of  lamps  in 


242 


DIRECT    EXAMINATION— DILLON. 


use,  circuits,  etc.,  since  February  15, 
1905? 

A.  The  system  in  the  streets  of 
Colorado  Springs  is  known  as  the 
constant  current  alternating  enclosed 
arc  system.  The  transforming  de- 
vice —  tub  transformers  —  through 
which  the  energy  to  the  lamps  is 
supplied,  is  located  in  Sub-station  A 
of  the  Colorado  Springs  Electric 
Company.  The  circuits  are  regular 
series  circuits:  the  lamps  being  6.6 
ampere  constant  current  enclosed,  of 
General  Electric  Company  make, 
equipped  with  clear  outer  and  inner 
globes,  and  shade  reflectors.  On  Feb- 
ruary 15,  1905,  the  lamps  in  Colorado 
Springs  were  supplied  through  five 
circuits,  each  operated  from  a  tub 
transformer.  In  Colorado  Springs 
there  were  218  lamps,  and  in  Col- 
orado City  35  lamps  on  these  cir- 
cuits. At  that  time  the  same  re- 
cording zvattmeters  measured  the  en- 
ergy supplied  to  the  lamps  in  both 
cities.  On  July  9,  1906,  the  trans- 
fonner  supplying  Colorado  City  arc 
lights  was  moved  to  Sub-station  B, 
and  thereafter  that  city's  record  zvas 
registered  on  its  own  wattmeter  in 
Sub-station  B.  At  the  time  of  this 
transfer,  the  arc  lamps  in  Colorado 
City  had  been  increased  to  38,  and 
in  Colorado  Springs  to  241,  which 
arrangement  continued  into  Septem- 
ber, 1906,  at  zvhich  time  an  addi- 
tional tub  transformer  was  installed 
at  Sub-station  A.  making  six  in  all. 
ivhen  the  circuits  ivere  rearranged, 
making  six  circuits  in  Colorado 
Springs. 

Q.  What  do  you  say  as  to  the 
efficiency  of  this  system  as  compared 
with  that  of  other  companies  in  other 
states  ? 

A.  It  compares  very  favorably 
with  them;  if  anything,  we  rxpnul 


a  little  more  effort  than  the  average 
station  in  keeping  our  system  up  to 
good  operating   condition. 

Q.  State  the  practice  of  your 
company  with  reference  to  the  main- 
tenance of  the  lamps,  their  inspec- 
tion, testing,  etc.? 

A.  We  have  a  regular  inspector 
7vho  makes  several  trips  nightly  over 
the  entire  arc  lighting  system,  start- 
ing any  lamps  that  may  be  found 
not  burning,  repairing,  if  possible, 
any  lamps  that  may  be  found  in 
poor  condition,  such  as  not  drazving 
an  arc,  or  flickering  badly,  or  re- 
placing a  broken  inner  globe,  rc- 
trimming  the  lamp  in  case  the  car- 
bons have  burned  out  before  their 
regular  time.  He  makes  a  daily  re- 
port, which  is  sent  to  me,  ^  the 
number  of  lamps  started  each  night, 
and  the  time  that  each  lamp  zvas 
.started,  and  the  cause  for  the  lamp 
being  out.  If  any  lamps  arc  found 
not  burning,  or  burning  zrry  poorly, 
he  determines  the  cause,  if  possible, 
and  attempts  to  correct  it,  and  he 
reports  that  lamp  as  burning,  but  in 
poor  condition,  or  out,  and  the  rea- 
son for  it.  If  it  is  impossible  to 
repair  a  lamp  on  the  street,  at  night, 
he  reports  it  to  the  proper  depart- 
ment, zvhich  changes  the  lamp,  bring- 
ing in  the  poor  lamp  to  be  fixed.  The 
inspector  only  depends  on  his  visual 
observation  as  to  the  condition  of 
the  lamps.  I  am  frank  to  say  that 
a  lamp  may  vary  from  fifteen  to 
tzventy  per  cent,  and  not  be  per- 
ceptible, although  he  is  trained  to 
do  nothing  else  than  to  inzrstigatc 
these  arc  lamps.  He  does  not  get 
to  every  lamp  in  the  city  each  night, 
because  it  isn't  necessary.  He  goes 
to  a  point  where  he  can  see  every 
lamp  on  the  street  and  if  he  sees  a 
lamp   out  of  order,  he  goes  to   that 


DIRECT    EX  AM  IN  A  T I  ON— DILLON. 


243 


lamp  and  investigates  the  condition 
and  repairs  it  if  possible.  The  line 
ivork  is  investigated  principally  by 
the  "trouble  department,"  which  con- 
sists of  tzi'o  men,  zchose  entire  du- 
ties entail  their  traveling  about  the 
city  in  answer  to  trouble  calls,  of 
ivhich,  of  course,  the  majority  are 
from  residences  or  stores.  Before 
going  out  every  day,  they  test  every 
arc  circuit  for  an  open  or  a  ground. 
If  they  find  anything  of  the  kind, 
they  immediately  hunt  the  trouble, 
and  they  are  the  ones  who  also 
change  the  lamps  on  the  order  of 
the   night   inspector. 

The  arc  transformers  are  supplied 
from  the  primary,  the  6,600-volt 
transmission  system,  as  distinguished 
from  the  distributing  system.  All 
the  energy  passing  from  the  main 
bus-bars  of  the  sub-station  into  the 
arc  lighting  system  is  measured  and 
integrated  by  tzvo  General  Electric 
high  torque  induction  zvntt-hour  me- 
ters, connected  to  the  arc  system  by 
series  and  shunt  transformers.  One 
of  the  regular  practices  of  the  com- 
pany is  the  keeping  of  a  system  of 
records  of  the  generation  and  dis- 
tribution of  power.  We  have  an 
accurate  hourly  record  of  the  num- 
ber of  kilowatts  output  from  our 
plants. 

The  integrating  wattmeters  re- 
ferred to  are  a  part  of  our  switch- 
board equipment,  and  this  method 
of  measuring  the  arc  lighting  sys- 
tem has  been  in  use  as  long  as  I 
have  been  zvith  the  company.  These 
wattmeters  are  in  use  simply  for 
the  purpose  of  maintaining  an  ac- 
curate record  of  hozv  much  energy 
has  gone  into  the  city  arc  lighting 
system.  Similar  zvattmetcrs  measure 
hozv  much  has  been  expended  in  the 
constant  potential  lighting  system 
and  hozv  much  in  the  ^oo-volt  power. 


At  Sub-station  A  the  readings  are 
taken  at  twelve  midnight  daily,  en- 
tered in  the  proper  sheet,  which  is 
computed  by  an  employe  who  is  spe- 
cially delegated  for  that  purpose,  and 
the  records  kept  at  the  office  of  the 
Company. 

Q.  How  continuously  during  the 
period  from  February  15th,  1905,  un- 
til date,  has  this  system  of  inspec- 
tion and  condition  of  machinery 
which  j^ou  have  testified  about  pre- 
vailed? 

A.  It  has  prez'ailed  for  the  entire 
time — it  is  a  matter  of  everyday 
operation  of  the  system. 

Q.  What  do  you  say  as  to  the 
correctness    of    the    meters? 

A.  IV  e  check  the  meters  fre- 
quently zvith  our  standards  in  the 
meter  department.  We  consider  a 
test  on  a  zvattmeter  to  be  "O.  K."  if 
zvithin  one  per  cent,  of  correct.  We 
base  our  output  on  a  commercial 
basis.  We  do  not  pretend  to  and 
cannot  maintain  laboratory  condi- 
tions on  our  switchboards.  One  of 
the  meters  tested  in  May,  I  believe, 
was  shown  to  be  5  per  cent,  fast, 
but  due  to  the  peculiar  connection 
and  the  peculiar  operation  of  two 
zvattmeters  in  measuring  three-phase 
pozver,  this  meter  only  registered  20 
per  cent,  of  the  entire  power  re- 
corded, and  reductions  of  5  per  cent, 
on  this  meter  have  been  made  on 
the  records  of  the  meter,  which  we 
have  at  hand.  Later  tests  showed 
that  this  same  meter  was  4-5  per 
cent,  slow,  but  we  have  not  added 
to  our  records  to  account  for  this, 
as  the  compilation  which  I  have  at 
hand  zvas  made  for  the  purpose  of 
developing  evidence  in  this  case,  and 
zve  were  disposed  to  be  absolutely 
on   the  safe  side. 

Board  adjourned, 


244 


DIRECT    EX  AMIS  A  TION— DILLON. 


THE    BOARD    MET,    PURSUANT    TO    ADJOURNMENT, 
AT  2  P.  M.,  FEBRUARY  7.   iQO?- 


MR.    DILLON      recalled     to    the 
stand. 


Direct     Examination 
by  Mr.  Schuyler. 


Continued 


Mr.  Dillon,  what  do  you  say  as 
tt)  being  able  to  ascertain  the  trans- 
former and  the  line  losses  during 
the  period  from  February  15th  to 
the  present- time? 

A.  I  think  that  could  be  done 
zvithin  very  fair  limits,  knoiving  the 
sice  and  length  of  wire  in  the  cir- 
cuits, and  the  efficiency  of  the  trans- 
formers, together  zuith  the  fact  that 
ive  test  our  lines  daily  for  trouble, 
and  also  cou[>led  tvith  the  fact  that 
in  this  extremely  dry  atmosphere  we 
are  not  greatly  troubled  ivith  leak- 
ages from  grounds,  except  on  ex- 
tremely zvet  nights.  We  have  kept 
our  system  very  free  from  grounds, 
except  on  very  rare  occurrences. 
]Ve  can  deduct  the  efficiency  of  the 
transformer  from  the  watts  meas- 
ured by  the  primary,  and  from  that 
deduct  the  line  losses  for  the  hours 
burned,  and  knowing  the  outages,  we 
can  get  a  very  clear  idea  of  what  the 
lamps,  on  the  average,  are  consum- 
ing, especially  as  this  computation 
has  been  made  over  a  period  of 
fivo  years.  It  is  not  a  test  for  any 
instant,  but  it  is  an  average  condi- 
tion of  operation. 

Q.  Is  it  in  any  sense  a  laboratory 
test? 

A.  Not  in  any  sense;  it  is  a  prac- 
tical operating  test.  The  wattmeters 
are  on  the  high  tension  circuit  sup- 
plying the  transformers ;  there  are  no 
individual  zvattmetcrs  on  the  indi- 
vidual transformers. 


Q.  Mr.  Dillon,  I  hand  you  Ex- 
hibits "M  i"  to  "M  25"  inclusive,  and 
T  will  ask  you  if  they  were  made 
by  you,  or  under  your  supervision? 

A.  They  were  made  practically 
under  my  supervision;  partially  by 
me  personally. 

Q.  State  what  these  various  ex- 
hibits   represent? 

A.  Beginning  zdth  February  isth, 
1905,  to  July  gth,  1906,  they  show  in 
order  under  the  head  of  "Colorado 
Springs,"  the  number  of  hours 
burned,  the  number  of  lamps  in 
circuit,  the  lamp  hours:  under  the 
head  of  ''Colorado  City,''  the  num- 
ber of  hours  burned,  in  hours  and 
minutes,  number  of  lamps  in  circuit, 
etc.;  under  the  head  "Total"  is 
the  sum  of  Colorado  Springs  and 
Colorado  City  lamp  hours;  the  lamp 
hours  outage;  net  lamp  hours  service 
and  kilozvatt  hours  recorded  on  the 
zvattmetcrs  at  that  date;  this  is  shown 
by  each  month  giving  the  totals.  The 
July  one,  the  sheet  "M  17,"  gives  the 
Colorado  City  record  up  to  and  in- 
cluding July  gth,  at  zvhich  time  the 
Colorado  City  arc  lighting  circuit  was 
moved  to  another  sub-station.  The 
later  sheets,  to  "M  23,"  give  the 
records  for  the  tzvo  cities  separately. 

Q.     What  is  Exhibit  M-24? 

A.  Exhibit  M-24  i>y  fl  summary 
of  the  foregoing  exhibits,  from  Feb- 
ruary, 1905,  to  and  including  Jan- 
uary, 1907.  That  shozos  first  the 
kilozvatt  hours  in  the  primary,  in  the 
next  column  the  kilozvatt  hours  in 
the  secondary,  allozving  94  /•<*''  cent. 
as  the  az'crage  efficiency  of  the  trans- 
formers.     The   efficiency   guaranteed 


DIRECT    EX  AM  IX  A  TIOX—DILLOX. 


245 


hy  the  General  Electric  Company  is 
very  close  to  95  per  cent.,  and  we 
have  used  94  per  cent,  to  be  per- 
fectly safe  and  fair.  The  figures 
in  the  column  headed  "Line  Loss," 
we  have  obtained  by  taking  the  num- 
ber of  feet  of  xvire  in  the  circuit, 
which  is  No.  6  B.  &  S.,  and  using 
the  value  of  0.4  ohm  per  thousand 
feet  as  the  resistance,  which  multi- 
plied by  the  number  of  thousand 
feet  times  the  square  of  the  current, 
gives  us  the  well-known  C?  R  line 
loss.  This  multiplied  by  the  num- 
ber of  hours  that  the  current  was 
flowing  in  the  wire,  will  give  the 
kilowatt  hours  loss  for  the  circuits. 
This  quantity  deducted  from  the  sec- 
ondary K.  IV.  hours  output  of  the 
transformers,  gives  us  the  net  kilo- 
zvatt  hours  of  the  lamps,  which  di- 
vided by  the  total  lamp  hours  per 
month,  gives  the  average  watts  per 
lamp  for  that  month.  During  the 
time  the  circuits  were  not  separated 
the  line  loss  of  Colorado  City  as 
distinct  from  Colorado  Springs  zuas 
taken  into  consideration. 

Q.  Please  explain  Exhibit  "M-25?'' 
A.  It  is  a  graphical  cun'e,  shozv- 
ing  the  average  zvatts  per  lamp  per 
month  from  February,  1905,  to  and 
including  January,  1907.  The  value, 
as  found  from  the  summary,  Ex- 
hibit M-24,  the  average  zvatts  per 
lamp  per  month,  is  located  above  the 
appropriate  month  indicated  on  the 
bottom  of  the  sheet;  then  the  points 
are  connected  by  lines  making  a 
curve,  showing  graphically  the  varia- 
tion. 


cnn-e,    but    from    computation    it    is 
approximately  437  zvatts. 

Q.  That  is,  437  watts  were  deliv- 
ered per  month,  per  lamp,  through- 
out  the   whole   time? 

A.     Yes. 

Q.  During  December,  1905,  Jan- 
uary and  February  1906,  there  is  a 
drop  in  the  curve;  please  explain 
that? 

A.  This  is  very  probably  due  to 
the  lamps  getting  out  of  adjustment 
resulting  in  each  lamp  taking  slightly 
under  its  normal  ivattage. 

Q.  What  do  you  say  as  to  the 
improvement  in  that  condition  as 
shown   by   the  curve? 

A.  It  is  due  to  the  fact  that  he- 
ginning  in  February  and  during  the 
next  fezv  months  zee  had  a  consid- 
erable disturbance  in  the  zvay  of 
snow  storms,  trouble  on  the  lines, 
etc.,  necessitating  changing  the  lamps 
frequently;  perhaps  15  or  20  lamps 
a  day  zvould  be  reported  as  out  of 
adjustment,  zvith  the  result,  there 
was  a  general  change  in  the  system 
through  bringing  lamps  in  and  re- 
pairing them  and  sending  them  out 
again,  thus  bringing  up  the  average 
z\.'attage  consumed  by   the  lamps. 

Q.  Would  you  record  that  as  a 
usual   or  unusual   condition? 

A.  It  is  a  condition  that  cannot 
be  avoided  in  practical  operation. 
There  is  no  likelihood  that  any  cen- 
tral station  in  America  operating 
street  lamps,  Zv'ould  haz'e  discovered 
it  any  earlier  than  zi'e  did. 


Q.     What    are    the    average    watts  Q.     How  about  removing  the  bad 

per  lamp  per  month  throughout  the  condition  after  it  was  discovered? 
periods?  A.     They  certainly  could  not  have 

A.    I  have  not  drawn  an  average  done   it  any  sooner,  in    my   opinion. 


246 


DIRECT    EXAMINA TION— DILLON. 


Q.  Referring  to  August  and  Sep- 
tember, 1906,  explain  fully  why  the 
wattage  goes  up  to  490-495? 

A.  Up  to  about  May  \st,  1906, 
the  Company  had  perfect  confidence 
that  it  was  giving  the  light  called 
for  by  the  contract.  About  that  time 
considerable  agitation  arose  regard- 
ing the  arc  lamps,  and  as  we  pre- 
ferred to  be  fair  in  our  dealings 
with  the  public  or  individuals,  about 
that  time  we  boosted  the  amperage 
on  the  constant  current  transformers 
so  as  to  run  from  7-7.2,  perhaps  an 
average  of  7.1,  with  the  idea  of 
doing  everything  we  could  to  be  per- 
fectly fair  in  the  matter.  To  be 
perfectly  sure  our  lamps  were  doing 
what  ive  thought  they  were  doing, 
we  started  some  tests,  I  think  it  was 
on  the  night  of  June  14.  Owing 
to  the  unsettled  condition  of  the 
weather  at  that  time,  the  tests  were 
someivhat  interfered  with,  and  we 
found  difficulty  in  covering  the  en- 
tire system,  which  we  knew  would 
be  necessary  to  get  an  exact  idea 
of  what  our  lamps  were  doing,  so 
we  abandoned  the  night  tests.  A 
day  or  two  later  we  started  day 
tests,  measuring  the  volts,  amperes 
and  wattage  of  the  lamps;  this 
shoivcd  us  they  were  a  little  below 
adjustment,  and  before  leaving  a 
lamp,  the  crew  making  the  test  would 
adjust  the  lamp  to  normal  wattage, 
attempting  to  have  it  consume  450 
ivatts  or  better  shortly  after  pick-up. 
We  soon  found,  owing  to  the  loaded 
condition  of  our  circuits  at  tliis  time, 
which  ii<e  had  no  reason  to  believe 
was  serious  previous  to  making  these 
tests,  that  the  capacity  of  the  trans- 
formers zvas  insufficient  to  maintain 
the  7-7.1  amperes  and  bring  every 
lamp  on  the  circuit  up  to  450  tvatts. 
We  therefore  discontinued  these  tests 


and  immediately  ordered  another 
tub  transformer  about  June  20th. 
Notwithstanding  our  effort  to  get 
immediate  shipment,  we  were  un- 
able to  get  the  new  transformer  un- 
til early  in  September.  A  day  or 
two  after  it  arrived,  one  of  our  old 
tub  transformers  burned  out  and  the 
new  one  was  placed  in  service,  zvhile 
the  burned-out  one  was  being  re- 
paired. Then  the  repaired  trans- 
former was  put  in  service  and  five 
circuits  changed  over  to  six  circuits 
on  September  7,  1906.  J^his  change 
left  a  considerable  margin  on  the 
"tubs,"  as  they  zvere  only  carrying 
a  fair  load,  and  zve  immediately 
started  another  series  of  tests  to 
bring  the  lamps  up  to  where  we 
wanted  them.  The  results  of  this 
change  shows  in  the  increase  in  the 
average  zvatts  per  lamp,  per  month, 
after  August. 

Q.  This  result  was  owing  to  your 
getting    a    new    transformer? 

A.  As  the  result  of  having  the 
capacity  necessary  to  supply  that 
much    load. 

Q.  Was  there  any  objection  to 
the  lamp  service  given  prior  to  this 
agitation  early  in   April,    1906? 

A.  Absolutely  none  that  I 
knozv  of. 

Q.  Do  you,  of  your  own  knowl- 
edge, know  of  any  arrangement  be- 
tween the  Hydro  Company  and  your 
Company  concerning  these  lamps  in 
this    city  ? 

A.  No,  that  is  a  question  of  man- 
agement. 

Q.  Do  the  figures  given  in  Ex- 
hibits M  1-24  inclusive,  and  the  curve 
illustrate  reasonably  fairly  what  the 
lamps   have  been   doing  during  that 


DIRllCr    nXAMIXA  TIOX—DILLOX. 


W 


period,  February  15,  1905,  up  to  the 
present  time? 

A.  I  consider  that  they  do,  from 
a  practical  standpoint. 

Q.  At  the  time  of  the  agitation, 
was  anytliing  left  undone  by  you  that 
could  reasonably  be  done  to  meet  the 
objections? 

A.  By  no  means.  We  proceeded 
as  rapidly  as  zve  could. 

Q.  You  spoke  of  some  tests  in 
September.  Are  they  illustrated  by 
Exhibit  "J"? 

A.  Yes,  that  is  an  accurate  re- 
port   of    the    tests    made. 

Q.  What  had  you  to  do  with  these 
tests? 

A.  They  -n'cre  made  under  niy 
supervision.  I  z\.'as  personally  pres- 
ent at  a  great  many  of  them. 

Q.  What  preparation  was  made 
in  the  plant  for  these  tests  upon 
the   streets? 

A.  Xo  unusual  preparation.  We 
simply  ran  the  circuits  in  the  day- 
time zvith  the  full  complement  of 
tamps  on  each  circuit,  burning  the 
same  as  the  circuits  were  operated 
at  night;  our  idea  being  to  arrive 
at  the  same  condition  that  would 
obtain  at  night  when  the  lamps  zvere 
actually  in  service  on  the  streets  for 
illuminating  purposes. 

Q.  How  nearly  did  you  arrive  at 
these  conditions? 

A.  I  consider  that  zve  duplicated 
them. 

Q.  There  is  a  separate  test  shown 
by  Exhibit  "L";  please  explain  it? 

A.  We  have  a  number  of  lamps 
on  the  top  of  poles;  some  at  places 
zAtere   it  zvould   be  impracticable,  if 


not  impossible,  to  take  such  a  test 
as  zve  zvere  making,  zvith  the  zvagon 
equipped  for  testing  purposes.  There- 
fore, these  lamps  were  brought  into 
the  sub-station  testing  room  and 
there  tested. 

Q.  There  appears  to  be  two  col- 
umns, one  the  condition  of  the  lamps 
when  found  and  the  other  when  left. 
What  do  these  terms  mean? 

A.  When  placed  on  the  test  rack 
and  with  a  current  passing  through 
them  the  same  as  on  the  line  when 
in  service,  the  wattage  of  these  lamps 
duplicated  that  consumed  zvhen  in 
service.  Under  the  head  of  "Found" 
is  given  volts,  amperes  and  zvatts, 
the  readings  taken  a  few  minutes 
after  the  lamp  was  started  on  test, 
no  adjustment  of  lamp  ever  being 
made  until  after  the  reading  recorded 
under  the  head  of  "Found"  had  been 
taken;  then  if  the  lamp  zvas  not  in 
normal  condition,  the  necessary  re- 
pairs or  adjustments  were  made  and 
the  consumption  of  the  lamp  in  volts, 
a'atts  and  amperes  zvas  recorded  un- 
der the  head  of  "Left,"  being  the 
condition  zve  left  the  lamp  at  the 
pick-up  point.  We  went  further  and 
brought  the  lamp  to  feeding  point 
so  as  to  get  an  idea  of  the  average 
performance  of  that  lamp  in  zvatts 
consumed;  howez'er,  that  does  not 
shozv   on   the  record  here. 

Q.  How  many  readings  did  j'ou 
take? 

A.  We  would  probably  take  four 
or  five  readings  to  ascertain  the 
record  for  the  "Found"  condition. 
Then  after  the  lamp  zvas  properly 
adjusted,  zve  zvould  take  another  set 
of  readings  to  ascertain  the  "'Left" 
condition.  There  was  no  definite 
number  of  readings  taken,  as  it  zvas 


248 


DIRliCr    EX  AM  IN  A  T  ION— DILLON. 


unnecessary,    there   not   being   much 
fluctuation    in    the   lamp. 

Q.  What  place  has  candle-power 
as  a  basis  upon  which  to  predicate 
charges  for  service,  or  has  it  had 
no  such  basis  in  commercial  electric 
lighting  since  you  have  been  in  the 
engineering    profession? 

A.  I  do  not  consider  that  candle- 
poiver  is  a  tangible  quantity  on  which 
to  base  any  contract,  and  I  have 
never  personally  knozvn  of  a  case 
where  candle-pozcer  was  sold  by  an 
electric  lighting  company. 

Q.  How  about  the  sale  of  light  as 
light? 

A.  I  know  of  no  case  where  light 
was  ever  sold  as  light. 

Q.  What  is  the  basis  upon  which 
it  has  been  and  is  being  measured? 

A.  In  the  electrical  lighting  field 
it  is  absolutely  a  question  of  watt- 
age; the  amount  of  energy  measured 
m  watts  necessary  to  produce  good 
illumination. 

Q.  What  do  you  say  as  to  the 
relative  merits  of  the  9.6  open  and 
the  6.6  enclosed  alternating  arc  at 
450  watts? 

A.  for  a  given  energy  the  de- 
sirable feature  to  be  obtained  is  illu- 
mination, and,  personally,  I  consider 
the  totil  flux  of  light  thrown  off 
from  the  enclosed  A.  C.  lamp  con- 
suming 450  x\.'jtts,  to  be  very  supe- 
rior to  the  general  illumination  from 
the  9.6  o,'-en  arc  lamp  consuming 
the  same  energy. 

Q.  Taking  tlie  language  of  Sec- 
tion 9,  of  tlie  Jackson  franchise,  by 
itself,  what  meaning  do  you  think  is 
proper  to  give  to  tlie  words  "such 
arc  lights  of  standard  2,000  candle- 


power  each,"  construed  as  to  the  time 
when    the    franchise    was    based? 

A.  In  the  lighting  field  the  stan- 
dard 2,000  candle-poiver  arc  lamp 
is  a  well-knozun  misnomer,  and  in 
the  electrical  fraternity  such  lamp  is 
considered  as  an  arc  lamp  consum- 
ing 450  zoaits  at  its  terminals  with 
no  appreciable  resistance  in  the  cir- 
cuit, and  any  arc  lamp  consuming 
450  zv.itts,  zvithin  the  reasonable 
limits  of  performance  as  to  amperage 
and  voltage,  zi'otild  come  zvithin  that 
definition. 

Q.  If  1  have  failed  to  bring  out 
any  point  in  your  direct  examination, 
you  are  at  liberty  to  state  it. 

A.  In  making  some  luminometer 
readings  zvith  Mr.  Ryan  when  he 
zv:is  here  last  September,  on  the  6.6 
ampere  lights  in  this  city,  we  found 
the  maximum  and  minimum  read- 
ings not  to  vary  a  great  deal;  that 
is,  zvc  did  not  have  to  go  much 
closer  to  the  lamp  for  the  minimum, 
zdicn  the  arc  zvas  on  the  opposite 
side,  than  for  the  maximum  read- 
ing, zi'hen  the  arc  zvas  on  our  side. 
At  the  same  time,  zve  found  that  by 
replacing  a  clear  inner  globe  with 
an  opal  globe  our  maximum  zvas 
cut  dozvn  a  trifle,  but  our  minimum 
zv.is  increased,  so  that  we  didn't  have 
to  go  as  close  to  the  lamp  to  make 
a  reading  as  we  did  zvith  the  clear 
inner  globe.  I  also  happened  to  be 
in  Denver  zvhcn  Mr.  Ryan  zvas  there, 
and  zve  similarly  examined  the  9.6 
open  arc  lamp  on  the  streets  there, 
and  found  zve  could  get  a  maximum 
considerably  in  excess  of  that  ob- 
tainable from  the  lamp  in  use  in 
Colorado  Springs:  but  frequently— 
on  four  or  five  lamps— zve  had  to 
go  zvithin  25  to  30  feet  of  the  lamp 
to  read  the  luminometer  card,  after 
the    lamp    had   fed.      frequently,    it 


CROSS-EXAMIXATIOX-DILLOX. 


249 


was  a  matter  of  from  one  to  three 
minutes  before  the  arc  xvould  pick 
up  so  it  made  any  illumination  of 
the  street,  and  until  that  time  there 
was  a  dense  black  shadow  under  the 
arc.  These  tests  clearly  indicated  to 
me  that  the  steadiness  of  the  en- 
closed arc  lamp  made  it  far  superior 
as  an  out-door  illuminant  compared 
with  the  open  arc  lamp;  and  from 
general  obsen-ation,  we  felt  the  Den- 
ver system  was  zvell  maintained  from 
a  practical  operating  standpoint,  and 
have  since  been  informed  that  they 
take  great  care  in  the  maintenance 
of  their  lamps. 

Question  by  Arbitrator: 

Q.  Do  you  remember  about  how 
far  that  Denver  distance  compared 
with  the  lamp  as  used  here? 

A.  I  haven't  those  figures  with 
me  at  present:  it  was  more  or  less 
of  a  relative  investigation;  not  an 
im'cstigation  of  actual  distances,  be- 
cause, personally,  I  ti>as  not  familiar 
enough  with  the  luminometer  to  place 
my  records  on  a  scientific  basis  at 
that  time:  it  tihis  simply  a  relative 
comparison.  I  should  say  that  there 
zcas  a  difference  of  probably  60  to  75 
feet  between  the  maximum  and  min- 
imum of  the  enclosed  arc  lamps, 
zi'hile  with  the  readings  we  got  in 
Denver — /  xvill  admit  the  point  of 
feeding,  with  practically  no  light,  was 
a  "freak"  condition,  yet  with  us  that 
happened  frequently  with  the  open 
Denver  lamps — there  was  a  difference 
probably  of  300  or  400  feet  between 
the  maximum  and  the  minimum. 

Examination    Continued   by    Mr. 
Schuyler. 

Q.     Why  hasn't  candle-power  been 


made  a  standard  upon  which  to  pred- 
icate a  charge? 

A.  There  are  a  thousand  and  one 
meanings  to  candle-power.  All  of 
them  have  a  different,  a  very  different 
value;  and  by  whatever  means  you 
arrive  at  candle-power,  no  definite 
basis  on  which  to  make  a  charge 
of  caudle-power  can    be   obtained. 

Cross  -  Examination  by  Mr. 
Robinson. 

Q.  Did  I  understand  you  that 
there  were  a  thousand  and  one  mean- 
ings for  the  term  candle-power? 

A.  I  used  that  expression  in  a 
relative  form;  there  are  a  great 
many. 

Q.     Enumerate  all  you  know? 
A.     Well,   there   is   the  horizontal 
candle-power. 

Q.     Horizontal  ? 

A.  Another  one  is  mean  spheri- 
cal. 

Q.  There  are  five  that  have  been 
in  evidence  in  this  case :  horizontal, 
mean  spherical,  mean  hemispherical, 
average  maximum  and  average  min- 
imum ;  now,  do  you  know  any  more  ? 

A.  I  don't  actually  know  of  any 
more. 

Q.  Do  you  say  that  you  never 
knew  of  candle-power  being  sold? 

A.  Xot  on  a  basis  of  delivered 
candle-power. 

Q.  I  will  show  you,  Mr.  Dillon, 
Section  9,  referred  to  by  counsel, 
and  ask  you  if  you  find  that  con- 
tract calls  for  watts  or  lights? 

A.    It  doesn't  call  for  watts. 


250 


CROSS-EXAMINATION— DILLOW 


Q.     Doesn't  it  call  for  light  meas- 
ured in  candle-power? 
A.     No  sir. 

Q.  Do  you  think  the  term  "Arc 
lights  of  standard  2,000  candle-power 
each"  doesn't  mean  light  measured  in 
candle-power? 

A.  No  sir;  not  in  my  interpreta- 
tion of  it. 

Q.  You  don't  find  any  words  in 
there  on  light  or  candle-power? 

A.  We  all  know  that  the  standard 
2,000  candle-power  lamp  is  purely  a 
trade  name. 

Q.  If  a  man  contracted,  according 
to  the  terms  of  that  contract,  and 
wanted  to  use  candle-power,  couldn't 
he  do  it? 

A.  He  could  use  all  the  candle- 
power  he  wanted,  but  he  ivould  not 
be  contracting  for  candle-poivcr. 

Q.  lie  would  be  contracting  for 
light,  wouldn't  he,  measured  in  can- 
dle-power? 

A.  He  zvould  be  contracting  for  so 
much  energy  to  he  converted  into 
light. 

Q.     Does  he  say  energy? 
A.     No,  it  doesn't  say  so. 

Q.  But  a  man  cannot  be  prevent- 
ed from  contracting  for  light  or  can- 
dle-power if  he  wants  to? 

./.  He  cannot  buy  light  as  candle- 
po'wer ;  it  cannot  be  sold  as  such. 

Q.  Would  nut  that  statement  be 
very  much  like  saying  that  a  man 
can't  do  what  he  has  done? 

A.     He  can't  buy  in  candle-power. 

Q.  Don't  you  know  these  experts 
have    been    measuring    candle-power 


and  describing  it  to  this   Board   for 
the  last  three  or  four  days? 

A.  They  have  been  telling  about 
measurements  of  it. 

Q.     Showing  that  it  can  be  meas- 
ured? 
A.     Certainly. 

Q.  Then  why  do  you  say  it  can- 
not be  measured? 

A.  Because  no  kind  of  tangible 
candle-power  is  asked  for  in  the  con- 
tract. 

Q.     No  tangible  kind? 
A.    No  sir;   candle-power  is   only 
one  of  half  a  dozen  meanings. 

Q.  Don't  you  know  that  where 
candle-power  is  used  lamps  are  meas- 
ured in  their  maximum  candle- 
power  ? 

A.     No  sir. 

Q.  Don't  you  know  that  Mr.  Ryan 
says  so? 

A.  I  know  that  such  power  can  be 
determined. 

Q.  Can't  a  man  enter  into  a  con- 
tract and  designate  maximum  candle- 
power? 

A.     He  certainly  can. 

Q.  He  can  make  a  contract  in 
mean  spherical  or  mean  hemispherical 
candle-power  if  he  wanted,  could  he 
not? 

./.     Ves,  if  he  wanted  to. 

Q.  Why  do  you  understand  the 
term  "2,000  candle-power  light"  to 
mean  a  lamp  consuming  450  watts 
on  the  average? 

A.  The  only  definition  I  know  of 
defining  such  a  lamp  is  the  one 
adopted  by  the  National  Electric 
Light  Association  in  1894. 


CROSS-EXAMI\'AtIOK—DILLO\' 


251 


Q.  Do  you  know  what  kind  of 
a  lamp  that   resolution   referred  to? 

A.  In  my  opinion,  it  li'ould  re- 
fer to  any  arc  lamp  consuming  450 
zvatts  at  its  terminals. 

Q.  At  the  time  of  the  passage 
of  that  resolution  were  there  any 
other  than  the  D.  C.  open  arc  lamps 
in  use? 

A.  I  cannot  sjy.  It  zvould  refer 
to  any  lamp  consuming  that  energy 
and  operating  zuithin  the  proper  limits 
of   arc    lighting. 

Q.  So,  if  a  9.6  D.  C.  open  arc 
lamp  consumed  450  watts,  that  would 
fulfill  the  definition? 

A.     Ves. 

Q.  If  a  6.6  A.  C.  enclosed  lamp 
with  the  current  run  up  to  7  or  yyi 
amperes,  consumed  450  watts,  would 
that   fulfill   the   definition? 

A.    I  certainly  think  it  zvould. 

Q.  Doesn't  the  g.6  ampere  open 
lamp  give  a  greater  mean  spherical 
candle-power  than  the  6.6  ampere 
enclosed  ? 

A.  The  only  evidence  zy.'e  have 
had  shozuing  the  light  from  a  9.6 
open  arc  lamp,  is  zvhen  it  is  operated 
under  fixed  and  constant  conditions 
consuming  450  zc.itts.  There  is  no 
zi>ay  of  getting  at  the  average  illu- 
mination from  that  lamp  under  prac- 
tical operating  conditions. 

Q.     Doesn't    the    average     include 
the  question  of  time? 
A.     Certainly,  in  zcatis  it  does. 

Q.  Now,  when  ycu  fix  the  limit 
in  laboratory  service  at  450  watts 
and  test  it  at  that,  doesn't  time  come 
within  the  definition? 

A.    It  certainly  does  not;  it  repre- 


sents   the    average    condition    of    an 
open  arc  lamp   in   the  laboratory. 

Q.  There  is  no  difference  how  it 
fluctuates  within  reasonable  limits  if 
the  average  is  450  watts? 

A.  Yes.  if  the  fluctuations  zvere 
such  that  zinthin  reasonable  limits  the 
lamp  averaged  450  zuatts,  I  think  it 
zvould  come  zvithin  the  definition. 

Q.  Have  I  understood  you  cor- 
rectly to  the  effect  that  if  you  put 
450  watts  of  energ>-  through  any  arc 
lamp  under  normal  conditions,  that 
would  fulfill  the  definition  of  a  2,000 
candle-power  lamp? 

A.     I    think    so. 

Q.  It  would  not  make  any  differ- 
ence, then,  whether  the  lamp  was 
operated  by  an  alternating  current 
through  an  enclosed  lamp  or  a  direct 
current  through  an  open  arc? 

A.    I  think  not. 

Q.  Do  you  know  what  arc  lamps 
were  in  common  use  for  street  light- 
ing in   1894? 

A.    I  do  not. 

Q.     You    think    there    were    some, 
but  you  don't  know  what  kind? 
A.     As  a  matter  of  fact,  I  do  not. 

Q.  Do  you  know  what  were  the 
proper  limits  of  current  and  voltage 
in   1894  for  a  lamp? 

A.  I  do  not  knozv  of  personal 
knozc'ledge  zvhat  they  zi'cre  using. 

Q.  Is  not  the  extent  of  your 
knowledge  based  upon  your  inter- 
pretation of  the  Resolution  of  1894? 

A.  I  have  alzvays  understood  and 
been  taught  that  the  object  of  the 
Resolution  in  1894  zi.'as  to  arrive  at 
some  tangible  basis  on  zi'hich  to  de- 
termine street  lights,  and  that  it,  at 


25^ 


CROSS-BXAMINA  T I  ON— DILL  OK. 


that  time,  referred  to  the  open  arc; 
and  I  have  been  taught,  and  front 
other  sources  of  observation  been  of 
the  opinion  that  any  arc  lamp  con- 
suming 450  zvatts  at  the  terminals, 
with  equivalent  illuminating  power, 
as  an  illuniinant  would  come  within 
the  meaning  of  that  definition. 

Q.     Do  you   think  a  2   ampere   at 
225  volts  would  do  that? 
A.     I  should  not  think  it  tvould. 

Q.     That    would    give    450    watts, 
wouldn't   it? 
A.     Yes. 

Q.  Then  the  mere  consumption  of 
450  watts  in  an  arc  lamp  would  not 
of  itself  comply  with  the  definition, 
would  it? 

A.  I  don't  think  I  have  at  any 
time  so  stated. 

Q.  What  would  you  say  as  to  a 
4  ampere  D.  C.  lamp  with  ir2j/2  volts 
at  the  terminals? 

A.  I  am  not-  familiar  with  the 
lamp. 

Q.     Wouldn't    that    consume     450 
watts  ? 
A.    It  would. 

Q.  Mr  Dillon,  referring  to  Ex- 
hibit "M  25,"  as  I  understood  you  to 
say  that  the  drop  as  shown  in  No- 
vember was  caused  by  some  failure 
of  adjustment  in  the  lamps? 

//.     Very  likely. 

Q.  Well,  would  practically  all  of 
the  lamps  be  out  of  adjustment  and 
cause  the  decrease  shown? 

A.     They  might  be. 

Q.  Do  you  know  what  the  watt- 
age consumption  of  the  lamp  is,  as 
given  by  its  manufacturer,  which  you 


are  using,  and  from  which  this  rec- 
ord  was   made  ? 

A.  According  to  the  manufactur- 
er's data  the  lamp  zvould  consume 
under  those  conditions  430  watts  at 
the    terminals. 

Q.     And  what  at  the  arc? 

A.  According  to  the  General  Elec- 
tric pamphlet  the  zvatts  at  arc  are 
400,  and  zvatts  at  terminal  are  427. 

Q.  Now,  does  Exhibit  "M  25" 
show  the  watts  at  the  terminals  or 
the  watts  at  the  arc? 

A.     Watts  at   the   terminal. 

Q.  Now,  how  did  the  difference 
come  on  this  sheet,  in  the  month  of 
August? 

A.  There  might  have  been  a  little 
increase  in  the  average  current.  It 
would  be  difficult  to  account  exactly 
for  all  those  fluctuations;  it  is  an 
average  for  a  month,  you  under- 
stand, and  the  extreme  rise  front 
July,  through  July  and  August,  to 
the  point  arrived  at  in  September  is 
due  to  the  fact  that  the  lamps  zvere 
tested  in  the  early  part  of  Septem- 
ber, and  additional  apparatus  in- 
stalled, so  that  we  had  the  necessary 
station  capacity  and  apparatus  for 
maintaining  these  la)nps  at  the  ivatt- 
age  which  we  zuished. 

Q.  Isn't  it  true,  Mr.  Dillon,  that 
you  increased  the  wattage  of  the 
lamps  because  of  the  objections  that 
had  been  made  on  behalf  of  the  city? 

A.  I  so  stated.  Previous  to  the 
time  of  the  objections  zve  felt  that 
zve  zvere  acting  in  good  faith  in  giv- 
ing them  the  tamp  to  which  there  had 
nez-er  been   any   objections   made. 

Q.  Isn't  it  a  fact  that  the  tub 
transformer  which  you  described 
was    burned    out    by     the     company 


CROSS-EXAMINATIOS—DILLOS. 


253 


boosting  those  lights,  because  it 
learned  that  the  city  was  testing 
them? 

A.  There  is  no  zi-ay  in  the  world 
to  prove  that. 

Q.     I  am  asking  you  about  that. 

A.  That  is  not  my  opinion;  it  was 
an  incident  in  the  operation  of  the 
street  lights  of  this  city. 

Q.  Isn't  it  a  fact  that  you  were 
boosting  the  lights  at  that  time? 

A.  We  were  not  boosting  the 
lights  at   that   time,   no,   sir. 

Q.     Didn't   that   transformer    burn 
out  about  the  first  day  of  September? 
A.     Yes. 

Q.  And  doesn't  your  curve  there 
show  that  you,  at  that  time,  were 
putting  the  power  up  pretty  high? 

A.  Remember  that  the  point 
zahich  represents  September,  is  the 
average  watts  per  lamp,  consumed 
for  the  month  of  September,  during 
xchich  month  I  have  admitted  that  the 
average  ivattage  of  the  lamps  Tvas 
increasing  during  the  month.  To  my 
knowledge  there  ivas  no  change  made 
in  the  amperage,  on  the  circuit,  or  in 
the  adjustment  of  these  transformers 
at  that  time. 

Q.  What  was  the  amperage,  if  you 
know,  on  the  15th  day  of  Februarj-, 
1905? 

A.  6.6,  as  near  as  we  could  adjust 
the  transformers  to  it. 

Q.  When  did  you  increase  the 
amperage  above  that? 

.1.  As  I  stated,  I  think  it  was  in 
May,  1906. 

Q.  So  that  from  February,  1905, 
to  May,  1906,  the  amperage  stood  as 


near   6.6   as   you   could   operate   the 
plant  ? 
A.     Certainly. 

Q.  And  in  May,  1906,  to  the  best 
of  your  recollection,  you  increased  it 
to  what  figure? 

A.    7  to  7.2  amperes. 

Q.  And  you  have  maintained  it  at 
that  point  since  as  nearly  as  possible 
from  a  practical  standpoint? 

A.     Yes. 

Q.  Xow,  if  the  amperage  was  in- 
creased to  7.2  in  May,  1906,  and  has 
remained  there  practically  ever 
since,  what  was  done  to  cause  the 
increase  in  the  energy  in  August  and 
September  of  that  year? 

A.  The  lamps  in  September  were 
individually  tested,  and  properly  ad- 
justed to   take  an   increased  wattage. 

Q.  Xow,  does  that  mean  that  you 
boosted  the  amperage  in  Ma}%  and 
boosted  the  voltage  in  September? 

A.  In  September  we  made  a  gen- 
eral adjustment  of  the  system.  The 
voltage  in  many  cases  was  changed 
at  the  lamp.  In  some  cases  it  was 
reduced. 

Q.  Must  not  the  average  voltage 
have  been  greatly  increased  in  order 
to  get  the  curve  which  you  have 
shown  ? 

A.    It  would  seem  so,  yes. 

Q.  A  part  of  that  increase  was 
caused  by  your  adjustment  of  the 
lamps  ? 

A.     Certainly. 

Q.  Then,  prior  to  that  time,  prac- 
tically all  of  your  lamps  were  out  of 
adjustment,  were  they  not? 

A.  They  ivere  out  of  adjustment 
on  the  450  watts  basis,  yes. 


254 


CROSS-EXAMINATION— DILLON. 


Q.  Well,  then,  prior  to  about  Au- 
gust 15th,  you  were  not  fulfilling 
the  contract,  according  to  your  own 
interpretation  of  it;   is  that  right? 

A.  We  were  not  able  to  at  that 
time.  Our  apparatus  did  not  have 
sufficient  capacity  to  deliver  the  wjtt- 
age.  We  were  then  doing  all  ive 
possibly  could  to  get  the  apparatus 
and  as  soon  as  it  zvas  obtained  wc 
made  the  changes. 

Q.  I  understood  you  to  say  that 
the  illumination  of  the  6.6  A.  C.  en- 
closed lamps  is  equal  to  that  of  the 
9.6  D.  C.  open  lamps;  is  that  right? 

A.  I  would  consider  that  the 
former  is  superior  for  street  pur- 
poses to  the  latter,  as  an  all-around, 
day-after-day  ilium  inan  t. 

Q.  I  show  you  figures  which  1 
took  down  from  Mr.  Ryan's  testi- 
mony, showing  the  maximum  candle- 
power  of  the  A.  C.  6.6  ampere  as 
480;  the  maximum  of  the  D.  C.  en- 
closed 9.6  ampere  as  1,250;  the  mean 
spherical  of  the  6.6  enclosed,  195, 
and  of  the  9.6  D.  C.  370;  the  mean 
lower  hemispherical  of  the  A.  C.  6.6 
enclosed,  345,  and  of  the  D.  C,  550, 
and  ask  you  whether  or  not  you 
would  take  these  figures  as  being  cor- 
rect? 

A.  I  would  certainly  take  them 
as  being  correct  for  the  conditions 
under  which   they  zvere  taken. 

Q.  You  spoke  of  the  circum- 
stances under  which  they  were  taken ; 
do  you  doubt  the  sufficiency  of  those 
figures  to  show  the  maximum  spher- 
ical and  lower  hemispherical  candle- 
power  of  the  two  lamps  described? 

A.  In  their  laboratory  tests,  it  is 
certainly  correct. 


Q.  Then  you  don't  think  they  are 
worth  very  much  in  practice,  do  you? 

A.  I  don't  think  you  can  make  a 
test  on  a  lamp  in  practice  like  that; 
I  never  have  tried  it  myself,  and  I 
don't  believe  it  is  possible. 

Q.     Then  you  think  it  isn't  worth 
very  much  in  practice? 
A.    No. 

Q.  Don't  you  think  they  could  be 
made  from  data  gathered  from  lamps 
in    service? 

A.  I  don't  think  that  yau  can 
make  an  actual  photometry  test  of  a 
lamp  in  service  on  the  street. 

Q.  Then  what  is  your  opinion  of 
the  way  in  which  a  street  arc  light 
should  be  measured? 

A.    By  ivatts  at  the  arc  consumed. 

Q.  As  to  its  value  to  a  city ;  you 
would  rate  it  by  its  power  to  give 
illumination? 

A.     No. 

Q.  Would  you  rate  it  by  watts, 
without  any  regard  as  to  whether  it 
gave  any  illumination? 

A.  That  certainly  would  make  a 
difference,  but  I  wouldn't  rate  it  by 
anything  other  than  the  watts  it  con- 
sumed. 

Q.  But  you  would  compare  them 
as  to  which  gave  the  better  illumi- 
nation? 

A.    Certainly. 

Q.  Then  illumination  would  be  a 
factor  which  you  would  consider  in 
comparing  one  lamp  with  the  otlier, 
to  determine  which  was  the  better? 

A.  Under  actual  service  condi- 
tions. 


CROSS-EXAMINATION— DILLON 


255 


Q.    Now,    tell    us    in    what    units 
illumination  is  measured? 
A.    I  don't  know  exactly. 

Q.  Can  you  tell  the  Board  the 
connection  between  foot-candles  and 
candle- feet? 

A.  No;  in  fact,  I  am  not  familiar 
zvith  the  subject. 

Q.  Can  you  tell  it  how  they  can 
measure  illumination  without  con- 
sidering candle-power? 

A.    I  don't  beliez'e  they  can. 

Q.  I  understood  you  to  say  that 
the  flux  of  light  from  the  A.  C.  6.6 
series  enclosed  lamp  is  greater  than 
from  the  9.6  open  D.  C.  lamp ;  is 
that  right? 

A.  M^hy,  that  is  my  understand- 
ing, that  it  is  superior  over  a  period 
of  considerable  time;  not  on  your 
laboratory  basis,  but  as  a  lamp  is 
found  installed  on  the  street. 

Q.  If  you  could  get  the  average 
of  the  conditions  as  found  on  the 
street,  you  would  get  the  same  thing, 
wouldn't  you? 

A.    If  you  could,  yes. 

Q.  So  that  the  average  flux  of 
light  from  the  smaller  light  is  greater 
than  the  average  flux  of  light  from 
the  larger  lamp,  which  we  have  de- 
scribed, according  to  your  view  of  it? 

A.  I  think  so,  under  operating 
conditions.  I  use  that  term,  flux,  as 
not  purely  technical,  but  as  to  the 
general  reliability  for  service  of  the 
tivo   lamps  as  compared. 

Q.  Isn't  it  a  fact  that  the  excess 
in  the  flux  of  light  of  one  lamp  over 
the  other  determines  superiority? 

A.  No.  What  I  may  have  called 
the  total  flux  I  mcvi   relates  to  the 


general  conditions  of  the  burning  of 
the  ttvo  lamps;  that  is,  that  one  lamp 
burns  along  steadily  and  the  other  is 
up  and  dozi'n.  burning  high  and  very 
lozi'. 

Q.  Mr.  Dillon,  how  did  you  com- 
pute the  lamp  hours  in  your  report? 

A.  I  took  the  number  of  lamps  in 
service  actually  on  the  circuit,  mul- 
tiplied that  by  the  number  of  hours 
that  the  circuits  zcere  burning,  which 
gave   me  the  total  lamp  hours. 

Q.     Did  you  base  your  figures  on 
a  sunset  and  sunrise  schedule? 
A.     Ves,  commonly  known  as  such. 

Q.  Well,  what  do  you  mean  now 
by  that? 

A.  It  is  recognised  as  approxi- 
mately 4,000  hours  a  year. 

Q.  Well,  did  you  make  your  fig- 
ures   on    4,000   hours? 

A.  Yes;  I  mean  it  is  a  very  small 
fraction  of  one  per  cent,  short. 

Q.  Referring  to  the  plant,  have 
you  a  wattmeter  on  each  of  the  arc 
circuits  ? 

A.     No,  sir. 

Q.     How    many    wattmeters    have 
you  connected  with  the  arc  system? 
A.     Two    in   service   constantly. 

Q.     Those   two   measure   the   total 

watt  hour  output  on  the  arc  system? 

A.     They  do  in   Colorado  Springs. 

Q.  From  July  9th,  1906,  the  two 
wattmeters  measured  the  current  for 
Colorado  Springs  alone,  and  sep- 
arate from  Colorado  City,  did  they? 

A.     Yes. 

Q.     What  information  with  respect 


256 


CROSS-EXAMINA  TION— DILLON. 


to  individual  circuits  did  your  watt- 
meters  give? 

A.  They  gave  information  with 
regard  to  the  -whole  system  only. 

Q.  And  none  as  to  the  individual 
circuits? 

A.    No. 

Q.  Then  any  one  of  these  circuits 
might  get  out  of  service  without  any 
wattmeter  stopping  to  record  that? 

A.  It  could;  but  our  station  rec- 
ords or  log  zcould  also  show  that. 

Re-direct  Examination  by  Mr. 
Schuyler. 

Q.  Do  you,  of  your  own  knowl- 
edge, know  anything  of  the  arrange- 
ment, if  any,  made  between  the 
Hydro-Electric  Company  and  the 
City  of  Colorado  Springs,  as  to  the 
conditions  which  should  prevail  in 
the  operation  of  these  street  lamps — 
this  street  lamp  system — between 
February  15th,  1905,  and,  say,  Sep- 
tember, 1906. 

A.     I  do   not. 

Q.  After  that  time  in  your 
opinion,  were  the  lamps  being  oper- 
ated in  accordance  with  the  Jackson 
franchise   contract? 

A.     Beyond  any   question. 


Re-cross  Examination  by  Mr. 
Robinson. 

Q.  Were  the  lamps  consuming 
450  watts  at  the  arc  or  at  the  termi- 
nals from  September,  1906,  down  to 
the  present  time? 

A.  Our  records  shozv  that  they 
ivere  very  much  in  excess  of  450 
ivatts  at  the  terminals,  on  the  av- 
erage. 

Q.  If  the  Jackson  franchise 
called  for  450  watts  of  energy,  then 
you  think  you  were  making  full  com- 
pliance with  it? 

A.     No. 

Q.     What  were  you  doing? 

A.  I  think  ivc  xverc  supplying  an 
arc  lamp  consuming  450  watts  at  the 
terminals,  running  7  to  7.5  amperes, 
someivhcrc  around  there ;  that  is  gen- 
erally accepted,  according  to  the  gen- 
eral meaning  of  the  term,  as  the  stan- 
dard  2,000   candle-pozi'cr   lamp. 

Q.  And  because  you  think  it  was 
generally  accepted,  then  are  you  pre- 
pared to  say  that  that  operation  was 
fulfilling  this   franchise? 

A.  I  think  we  were  delivering  the 
equivalent  of  the  standard  2,000 
candle-power  arc. 

Witness  excused. 


DIRECT    EX  AM  IN  A  TION—SCHUCHARDT. 


257 


MR.  R.  F.  SCHUCHARDT,  being 
first  duly  sworn  in  behalf  of  the  de- 
fendant, testified  as  follows,  to  wit: 

Examination  by  Mr.  Schuyler. 

Q.  Mr.  Schuchardt,  please  state 
when  in  your  recollection  or  knowl- 
edge the  enclosed  arc  lamp  came  into 
use. 

A.  I  don't  kiiozv  the  exact  time, 
but  I  do  knozi'  that  in  1898  they  xvere 
in  use,  and  fairly  zcell  perfected,  and 
they  had  then  been  in  service  for 
about  tzi'o  years. 

Q.  Taking  the  language  alone  into 
consideration,  what  in  your  judg- 
ment is  the  meaning  of  the  phrase  in 
the  Jackson  Franchise  "such  arc 
lights  of  standard  two  thousand  can- 
dle power  each,"  as  therein  used? 

A.  The  only  interpretation  to 
place  on  that  is  the  one  placed  by  the 
definition,  an  authentic  definition, 
both  by  the  International  Congress, 
and  by  the  National  Electric  Light 
Association  of  America,  which  de- 
fined such  a  lamp  as  a  lamp  consum- 
"»g  450  zvatts  at  the  terminals.  The 
term  "two  thousand  candle  power"  as 
used  all  this  time  is  a  misnomer,  be- 
cause the  lamp  in  question  was  not 
actually  giving  two  thousand  candle 
power  in  any  direction;  nor  was  any 
lamp  at  that  time  doing  so. 

Q.  To  what  extent,  if  at  all,  in 
connection  with  arc  lamps,  does  or 
has  the  Chicago  Edison  Company 
sold  light  on  the  basis  of  candle 
power,  or  adopted  that  as  a  measure- 
ment upon  which  to  predicate  a 
charge  for  service? 

A.  Neither  the  Chicago  Edison 
Company,  nor  any  other  company 
that  I  know  of,  has  ever  sold  arc 
light  by  candle  power. 


Q.  Is  such  light  sold  as  light,  or 
has  it  been  within  your  experience? 

A.  It  is  sold  by  wattage;  by  power 
consumed. 

Q.  What,  in  your  opinion,  as  an 
electrical  engineer,  has  the  basis  been 
upon  which  charges  for  service 
should  be  predicated? 

A.  The  only  equitable  basis  would 
be  power;  that  is,  kilowatt  hours.  It 
is  the  only  thing  about  the  lamps  that 
can  be  definitely  measured. 

Q.  Why  is  it  that  you  cannot  ar- 
rive at  a  definite  basis  of  candle- 
power;  what  is  the  reason  for  that? 

A.  Because  candle  power,  unless 
very  clearly  defined,  might  mean  al- 
most anything  with  regard  to  the 
light  from  the  lamp. 

Q.  From  your  experience,  can  you 
give  the  Board  some  practical  illus- 
trations of  the  illuminating  values  of 
the  open  arc  and  the  enclosed  alter- 
nating lamp  consuming  450  watts? 

A.  All  of  the  old  work  in  my  city, 
like  in  many  other  cities,  consists  of 
series  open  arcs.  There  are  many  of 
them  in  the  city  of  Chicago.  The 
early  installations,  for  street  lighting, 
consist  entirely  of  open  arc  lamp  sys- 
tems. All  of  the  new  installations  are 
alternating  current  systems,  the  lamps 
taking,  I  think,  approximately  450 
watts.  I  have  had  occasion  at  times 
to  make  comparisons.  I  have  tried 
to  read  certain  sized  type  at  a  given 
distance  from  these  lamps.  I  remem- 
ber particularly  a  comparison  made 
by  me  in  Milwaukee  and  Chicago, 
where  the  porch  of  a  house  in  each 
city  is  about  120  feet  from  the  corner 
street  lamp.  In  Milwaukee,  the  cor- 
ner lamp  is  a  9.6  ampere  open  arc,  in 
the  other,  Chicago,  it  is  6.6  ampere  al- 
ternating current  series  enclosed  hmp. 


258 


CROSS-EX  AMIN  A  TION—SCHUCHARD  T. 


I  have  tried  to  read  a  certain  size  type 
on  each  of  these  porches.  In  the  first 
case  with  the  open  arc,  I  succeeded 
when  the  arc  was  on  the  side  toward 
the  house,  hut  zvhen  it  travelled  to 
the  other  side  I  could  not  make  out 
anything  on  the  page.  On  the  Chi- 
cago porch  I  did  not  find  this  ex- 
treme and  violent  fluctuation,  and 
had  no  trouble  in  reading  the  type 
almost  the  entire  time.  The  enclosed 
alternating  is  a  far  better  street  illu- 
tninant  than  the  open  arc,  has  a  bet- 
ter distribution;  and  the  intrinsic 
value  of  the  light  source,  compared 
with  the  open,  is  far  less  in  the  en- 
closed lamp,  hence  you  have  a  far 
easier  effect  on  the  eye,  while  the 
general  distribution  is  far  superior  to 
that  coming  from  the  other  lamp.  In 
fact,  the  tivo  lamps  arc  epoch-making 
illuminants  in  the  history  of  street 
lighting.  The  old  open  arc  is  being 
supplanted  by  the  superior  illuinin- 
ant,  the  enclosed  lamp.  The  fact 
that  people  who  still  maintain  series 
open  systems  have  trouble  in  getting 
repair  parts,  is  sufficient  evidence  of 
the  truth  of  what  I  have  just  stated. 

Q.  Is  there  anything  in  the  con- 
struction or  method  of  operation  of 
the  9.6  ampere  direct  current  open 
arc  lamp  that  contributes  to  difficulty 
in  practical  measurement  of  candle 
power? 

A.  The  extreme  variation  of  the 
light;  the  fact  that  due  to  the  con- 
struction of  these  lamps  the  rod 
sticks  frequently,  causing  jerky  light, 
works  very  much  against  the  accurate 
determination  of  the  candle  power, 
and  such  tests  as  have  been  made 
were  under  laboratory  conditions. 

Q.  Would  such  laboratory  condi- 
tions prevail  in  practical  operation  of 
the  lamp? 


A.     They  would  not. 

Q.  Suppose  four  gentlemen  meas- 
ure the  wattage  of  two  lamps,  upon 
two  different  circuits,  out  of  a  total 
of  241  lamps  and  six  circuits  in  op- 
eration upon  the  streets  of  a  city, 
thereafter  remove  said  lamps  to  a 
laboratory  and  make  a  candle  power 
curve  upon  the  data  so  secured, 
would  that  test  in  your  opinion  be  a 
fair  illustration  of  what  all  the  lamps 
in  the  city,  upon  all  of  the  circuits, 
were  doing  at  that  time? 

A.     It  would  not. 

Q.  Would  it  in  your  opinion  be 
in  any  way  a  fair  representation  of 
what  the  lamps  had  been  doing  for  a 
period  of  fifteen  months  previous  to 
the  test? 

A.  I  cannot  conceive  how  that 
could  be. 

Cross-examination  by  Mr.  Rob- 
inson. 

Q.  A  test  upon  one  lamp  would 
give  you  the  current  on  that  circuit? 

A.  Yes,  if  the  lamp  is  tested  in 
its  circuit.. 

Q.  You  spoke  of  some  lamps  be- 
ing in  use  in  Chicago,  as  the  6.6  A.C. 
enclosed  ? 

A.  The  lamp,  I  believe,  is  a  7  or 
7.5  ampere  of  the  General  Incan- 
descent Co.  make. 

Q.  Do  you  know  whether  or  not 
the  lamp  to  which  you  have  referred 
is  the  commercial  6.6  or  the  7.5 
lamp? 

A.     I  don't  think  it  is  either. 

Q.     Is  it  some  special  type? 

A.  It  is  a  standard  lamp  built  by 
the  General  Incandescent  Co.,  but 
I  don't  knoxv  what  it  is  rated  at,  but 


CROSS-EXAMINATIONSCHUCHARDT. 


259 


my  recollection  is  that  it  is  7  or  7.2 
ampere. 

Q.  What  is  the  globe  used  on  that 
lamp? 

A.  Either  a  very  light  opalescent 
or  a  clear  inner  globe. 

Q.  With  a  clear  globe,  is  it 
not  true  that  the  intrinsic  brilliancy 
of  the  enclosed  arc  is  objectionably 
high? 

A.  At  the  beginning  of  the  run  it 
may  be,  but  the  inner  globe  becomes 
coated  very  rapidly  with  a  light  de- 
posit, which  makes  it  slightly  opal- 
escent in  effect. 

Q.     Have  you  ever  made  any  test 
of  the  flux  of  light  in  the  street? 
A.    No    sir,  not    of    the    flux    of 

light. 

Q.  Referring  to  the  lamp  which 
you  have  described  as  being  in  Mil- 
waukee, do  you  know  the  amperage 
at  which  that  lamp  is  run? 

A.  It  is  supposed  to  be  a  9.6  am- 
pere lamp;  what  the  exact  amperage 
is  I  don't  know. 


Q.     Do  you   know   what 
is  kept  in? 
A.    I  do  not. 


repair   it 


Q.  Referring  now  to  the  resolu- 
tion of  1894,  I  understood  you  to  say, 
possibly  it  was  a  slip  though,  that  the 
resolution  referred  to  was  passed  by 
the  International  Congress  as  well  as 
by  the  National  Electric  Light  Asso- 
ciation ? 

A.  My  recollection  zuas  that  such 
was  the  fact;  but  I  wish  to  say  that 
I  have  refreshed  my  memory  and 
find  that  I  am  mistaken  so  far  as  the 
International  Congress  is  concerned.. 


Q.  Now,  don't  you  know  that,  as 
a  matter  of  fact,  in  1894,  the  lamps 
then  in  use  were  the  9.6  or  the  6.8 
D.  C.  lamps? 

A.  Those  lamps  were  in  use;  and 
there  were  also  alternating  current 
Ia)nps  in  use. 

Q.     In    1894? 
A.     In   1894. 

Q.     Where  were  they? 

A.  In  the  discussion  preceding  the 
adoption  of  this  resolution  by  the 
National  Electric  Light  Association, 
the  chairman  of  the  committee,  Pro- 
fessor Anthony,  said  that  it  zvas  his 
intention  that  the  alternating  lamp 
should  also  be  included  in  this  ruling. 
This,  I  think,  is  sufficient  evidence 
that  the  alternating  current  lamp  was 
at  that  time  in  use. 

Q.     All    you    know    about    that    is 
what  you  have  read? 
A.     Yes. 

Q.  You  referred  to  some  enclosed 
lamp  being  in  use,  to  your  know- 
ledge  in    1898? 

A.     Yes. 

Q.  Were  they  or  were  they  not 
constant  potential  lamps? 

A.  The  lamps  referred  to  were 
constant  potential. 

Q.  Were  they  D.  C.  or  A.  C. 
lamps  ? 

A.  The  lamps  I  had  in  mind, 
were  all  D.  C,  but  I  saw  A.  C.  lamps 
in  service  at  that  time  also. 

Q.  Isn't  it  a  fact  that  the  decrease 
in  use  of  the  open  arc  and  the  in- 
crease in  the  use  of  the  enclosed. arc 
is  chiefly  due  to  the  lessened  cost  of 
the   latter? 


26o 


CROSS-EXAMINATION—SCHUCHARDT. 


A.  Prom  the  standpoint  of  an  il- 
luminating engineer  I  will  say  most 
positively  no.  It  is  an  index  of  the 
modern  trend  in  illuminating  engi- 
neering. 

Q.     Which  gives  the  greater  maxi- 
mum candle  power? 
A.     Unquestionably    the    open    arc. 

Q.  Which  gives  the  greater  mean 
spherical  ? 

A.    I  believe  the  open  arc. 

Q.     Which  gives  the  greater  mean 
lower  hemispherical? 
A.     The  open  arc. 

Q.  Which  gives  the  greater  mini- 
mum ? 

A.     The    upward   ray    of   both   is 


zero.  Answers  to  these  questions 
are  very  misleading,  however,  be- 
cause the  use  of  a  lamp  has  no  re- 
lation to  its  maximum  lozuer  hemi- 
spherical or  of  its  minimum  candle 
power.  The  condition  which  deter- 
mines illuminating  value  is  the  dis- 
tribution of  the  light;  that  is,  what 
the  candle  power  is  in  the  useful  di- 
rections, and  the  answer  to  that  ques- 
tion is  the  reason  for  the  adoption  of 
the  enclosed  arc  lamp. 

Q.  Then  which  of  those  two  lamps 
gives  the  better  distribution  of  light? 

A.  The  enclosed  arc  lamp,  unques- 
tionably. 

Witness   excused. 

Board  adjourned. 


DIRECT    EXAM  IN  A  T 10  X— TRIPP. 


261 


THE  BOARD  MET,  PURSUANT  TO  ADJOURNMENT, 
AT  7.30  P.  M.,  FEBRUARY  7,  i907- 


Statement  by  Mr.  Schuyler. 

May  it  please  the  Board  in  fur- 
ther support  of  the  position  of  the 
Pike's  Peak  Hydro-Electric  Com- 
pany, I  wish  to  offer  in  evidence  cer- 
tain portions  of  the  work  on  the  Art 
of  Illumination,  by  Dr.  Bell,  pub- 
lished by  the  McGraw  Publishing 
Co.  in  1892,  page  2;  also  chapter  7 
and  pages  144-156.  I  call  the  Board's 
attention  specially  to  the  tracing  be- 
tween the  figures  49  and  50,  as  shown 
in  the  two  figures,  on  page  150. 

Arbitrator:  As  I  understand,  this 
evidence  has  been  before  the  Board 
in  a  number  of  forms;  what  is  the 
object  of  this? 

Mr.  Schuyler:  To  show  a  very 
material  change  in  the  views  of  the 
witness.  I  simply  want  the  Board 
to  have  this  before  it,  as  we  desire 
to  have  these  declarations  of  the  wit- 
ness who  was  upon  the  stand  in  be- 
half of  the  City,  and  without  it  being 
read  into  the  record,  we  don't  know 
how  the  record  would  be  complete. 

I  also  desire  to  offer  the  entire 
chapter  11,  without  reading  it,  upon 
Exterior  Illumination,  page  250,  also 
pages  336,  335,  337,  33^  and  339—1 
think  you  will  find  matters  that  are 
peculiarly  relative,  and  not  brought 
out  from  this  witness  before. 

MR.  GEORGE  B.  TRIPP,  being 
first  duly  sworn  in  behalf  of  the  de- 
fendant, testified  as  follows  to  wit : 

Examination  by  Mr.  Schuyler. 

Q.     Upon      coming     to     Colorado 


Springs  as  manager  of  the  Colorado 
Springs  Electric  Company,  in  Octo- 
ber, 190 1,  what  did  you  find  as  to 
the  condition  of  the  street  lamps, 
and  arrangements  made  with  refer- 
ence to  them? 

A.  I  found  that  the  system  at 
that  time  being  used  was  the  direct 
current  lighting  system,  and  that  a 
new  contract  had  been  made  between 
the  City  and  the  Electric  Company, 
and  the  latter  zvas  simply  waiting 
until  the  apparatus  had  been  received 
in  Colorado  Springs  before  the  new 
system  of  alternating  current  arc 
lamps  could  be  installed.  I  had  the 
new  apparatus  installed  during  the 
month  of  December,  1901. 

Q.  Now,  what  apparatus  was 
that? 

A.  The  apparatus  consisted  of 
General  Electric  so-called  tub  trans- 
formers, and  the  incidental  switch- 
board and  other  apparatus  that  goes 
with  that  system,  together  with  .  the 
complete  complement  of  6.6  ampere 
arc  lamps. 

Q.  And  how  with  reference  to  the 
equipment  we  now  have  upon  the 
streets  ? 

A.     Tftat  equipment  is  the  same. 

Q.  From  December,  1901,  on,  was 
there  ever  any  objection  made  by  the 
City  of  Colorado  Springs  to  this  ser- 
vice furnished  through  those  lamps? 

A.  Not  officially.  I  only  heard  of 
objections  through  the  medium  of  the 
newspapers. 


262 


DIRECT    EXAMINATION— TRIPP. 


Q.    Had  there  been  any  objection 
up  to  the  15th  day  of  February,  1905? 
A.    Not  that  I  can  recollect. 

Q.  These  newspaper  comments 
that  you  speak  of  were  within  the 
past  year? 

A.     They  were. 

Q.  Do  you  remember,  on  or  about 
February  15,  1905,  when  the  change 
was  made  from  the  1901  contract, 
and  the  order  of  the  Council  was 
made  to  turn  the  water  into  the 
pipes  of  the  Pike's  Peak  Hydro- 
Electric  Company? 

A.    I  do. 

Q.  Were  there  any  conferences 
between  you  and  the  representatives 
of  the  City,  and  of  the  Pike's  Peak 
Hydro-Electric  Company,  prior  to 
that  time? 

A.     There  were. 

Q.     With  reference  to  that  matter? 
A.     Yes. 

Q.     And    with    reference   to    street 
lighting? 
A.     Yes. 

Q.     And    with    reference     to     the 
lighting  of  the  City  Hall? 
A.     Yes. 

Q.  Now,  where  and  when  was  the 
conference  or  conferences  between 
such    representatives? 

A.  Such  a  conference  took  place 
during  the  month  of  January,  in  1905, 
at  the  office  of  Mr.  L.  C.  Perkins,  at 
which  time  Mayor  Harris,  Aldermen 
St.  John,  John  Hill,  Perkins,  Holden, 
Verner  and  Dunbar  tvere  present: 
there  were  six,  to  my  recollection. 
There  also  were  present  at  that  meet- 
ing Judge  Babbitt,  Mr.  Taff  and  my- 
self. 


Question  by  Arbtrator: 

Q.  How  many  members  of  the 
Council  were  there? 

A.  Eight;  six  there,  and  two  ab- 
sent. 

Examination  Continued  by  Mr. 
Schuyler. 

Q.     Who  was  Judge  Babbitt? 

A.  Judge  Babbitt  represented  the 
Pike's  Peak  Hydro-Electric  Com- 
pany's  interests   at   that   meeting. 

Q.     And  was  there  any  officer  of 
that  company  present? 
A.    Mr.    Taff. 

Q.     And   yours'ilf? 
A.     As   representing    the   Colorado 
Springs  Electric  Company,  yes. 

Q.  State  what  agreement  or  ar- 
rangement was  at  that  time  entered 
into  between  the  parties  there  rep- 
resented, with  reference  to  the  turn- 
ing over  of  the  lighting  to  the  Pike's 
Peak  Hydro-Electric  Company,  espe- 
cially the  street  lighting? 

Statement  by  Mr.  Robinson. 

Just  a  moment.  I  don't  propose  to 
put  in  an  objection,  but  simply  in  the 
interest  of  saving  time.  That  contract 
as  between  these  parties  is  an  Ordi- 
nance ;  we  call  it  a  contract.  Now,  if  I 
understand  what  they  are  attempting 
to  do,  it  is  to  show  that  at  a  meet- 
ing between  men  who  were  aldermen, 
on  the  one  side,  and  representatives 
of  these  two  companies  on  the  other, 
some  agreement  was  made  which 
would  change  this  Ordinance.  As  a 
question  of  law,  they  could  not  make 
any  change  in  the  Ordinance.  I 
simply  state  that  if  this  point  is 
brought   up,   it   will   require   a  great 


DIRECT    EXAMIKA  TIOX— TRIPP. 


263 


deal  of  lime  to  go  into  it  on  our 
side. 

Arbitrator :  That  may  be  the  case, 
but  they  had  better  proceed,  and  we 
will  consider  your  objection  after- 
wards. 

Mr.  Schuyler:  So  far  as  the 
legal  point  raised  by  counsel  is  con- 
cerned, it  certainly  lays  the  founda- 
tion for  what  is  known  in  law  as 
equitable  estoppel.  Answer  the 
question,   Mr.   Tripp. 

A.  The  general  conditions  were 
discussed  at  that  meeting  with  refer- 
ence to  the  time  when  the  Hydro 
Company  would  first  begin  to  supply 
light  to  the  City,  and  also  when  the 
City  ivould  allow  the  turning  on  of 
the  water  into  the  mains  of  the  Hydro 
Company,  making  it  possible  for 
them  to  generate  electricity  there- 
from. A  resolution  was  discussed 
and  outlined  at  that  time,  which  zvas 
finally  passed  at  a  subsequent  meet- 
ing of  the  Council.  The  question 
particularly  was  asked  by  one  of  the 
aldermen  present  as  to  whether  there 
ivould  be  any  change  in  the  appa- 
ratus, poles,  lines,  arc  lamps,  etc.,  on 
the  streets  which  had  been  operated 
by  the  Colorado  Springs  Electric 
Company  when  the  Hydro  Company 
began  its  operations;  and  that  matter 
was  fully  explained  that  there  would 
be  no  change  in  the  poles,  lines,  arc 
lamps,  etc.  The  other  matter  of  the 
lighting  of  the  City  Hall  was  also 
discussed.  It  seems  that  the  original 
Jackson  franchise  provided  for  fur- 
nishing without  charge  a  limited 
number  of  incandescent  and  arc 
lamps,  and  in  lieu  of  that  the  coun- 
cilmen  preferred  that,  on  the  Hydro 
Company's  suggestion,  the  complete 
lighting  of  the  City  Hall  be  made 
luithout  any  question  as  to  the  num- 
ber of  lights  therein. 


Q.  Were  there  at  that  meeting 
any  aldermen  who  were  aldermen  of 
this  city  at  the  time  that  the  1901 
contract  was  adopted,  whereby  the 
present  system  was  installed  in  lieu 
of  the  old  9.6  ampere  system? 

A.     Mr.  St.  John  was  the  only  one. 

Q.  Prior  to  this,  had  you  had  any 
conversations  with  city  officials  con- 
cerning the  matter? 

A.     I  had. 

Q.     Just   state   what   they   were? 

A.  The  general  question  came  up 
as  to  the  arc  lighting  system,  and 
whether  the  City  could  be  incon- 
venienced or  not,  and  I  affirmed  that 
there  would  be  no  cessation  of  light 
in  any  particular  on  account  of  there 
being  no  change  contemplated  in 
the  apparatus,  either  overhead  or  in 
the  plant  itself;  that  the  Colorado 
Springs  Electric  Company  were 
simply  to  act  as  the  distributing  agent 
of  the  Hydro  Company. 

Q.  Was  that  the  relation  which 
came  in  force  after  February  15th, 
1905? 

A.  February  i^th  the  Colorado 
Springs  Electric  Company  ceased  to 
bill  the  City  of  Colorado  Springs 
for  arc  lighting,  and  the  Hydro  Com- 
pany began  its  charges,  and  began 
billing  the  city  at  the  franchise  rate. 

Q.  .  After  this  full  discussion  of 
the  situation  with  reference  to  con- 
tinuing to  operate  this  same  system 
under  the  new  arrangement,  what  ob- 
jection or  dissent  was  made,  if  any, 
by  either  the  Mayor  or  any  repre- 
sentative of  the  City,  councilmen  or 
otherwise? 

A.  There  were  no  objections  that 
I  heard  anything  about. 


264 


CR  OSS-EXAMINA  TI  ON— TRIPP. 


Q.  Upon,  or  in  reliance  of  what 
understanding  did  the  Hydro  Com- 
pany then  continue  to  give  this  street 
lighting  after  that  time? 

A.  They  lighted  the  streets  of  the 
city  under  the  Jackson  franchise, 
through  the  Colorado  Springs  Elec- 
tric Company  as  their  distributing 
agent. 

Q.     And    in    accordance    with    the 
suggestions    at    this    meeting? 
A.     Exactly. 

Cross  -  Examination  by  Mr. 
Robinson. 

Q.     You  spoke  of  a  meeting,  as  I 
understood,  in  Mr.   Perkins'  office? 
A.    I  did. 

Q.  Was  that  a  meeting  of  the 
City  Council? 

A.  Not  in  regular  formation;  it 
was  a  meeting  of  the  councilmen, 
and  the  Mayor,  together  with  rep- 
resentatives of  the  Hydro  and  Colo- 
rado Electric  Companies. 

Q.  Simply  a  meeting  of  the  rep- 
resentatives of  the  two  companies 
with  certain  gentlemen  who  were 
members  of  the  City  Council,  was 
it  not? 

A.  Yes,  but  they  met  for  a  spe- 
cific purpose,  and  preliminary  to  a 
meeting  of  the  City  Council. 

Q.  But  it  was  not  a  meeting  of 
the  City  Council? 

A.  Oh,  no,  certainly  not;  not  in 
a  store   room. 

Q.  And  I  believe  you  said  that  at 
that  meeting  a  resolution  was  dis- 
cussed, which  was  afterwards  passed 
by  the  Council? 

A.     Yes. 

Q.     Do  you  recognize  Exhibit  No. 


46  as  being  the  resolution  to  which 
you  refer? 
A.     Yes. 

Q.  Mr.  Tripp,  will  you  please  state 
to  the  Board  what  the  arrangement 
was  between  the  Colorado  Springs 
Electric  Company  and  the  Pike's 
Peak  Hydro-Electric  Company,  as  to 
furnishing  lights  for  the  streets  of 
this   city? 

A.  That  was  simply,  as  I  have 
stated  before  in  my  testimony,  that 
the  Colorado  Springs  Electric  Com- 
pany should  be  the  distributing  agent 
for  the  Hydro  Company. 

Q.  Are  you  connected  with  the 
Colorado  Springs  Electric  Company, 
Mr.   Tripp? 

A.     No. 

Statement  by  Mr.  Robinson. 

I  will  now  call  on  counsel  for  the 
Colorado  Springs  Electric  Company, 
and  the  counsel  for  the  Pike's  Peak 
Hydro-Electric  Company  to  furnish 
a  copy  of  the  contract  between  those 
Companies,  under  which  lights  are 
being  furnished  to  the  streets  of  this 
city. 

Mr.  Schuyler:  We  object  to  the 
introduction  in  the  record  of  that 
contract;  first,  because  it  is  entirely 
unnecessary  under  the  issues  of  the 
case,  and  because  it  is  taking  into 
the  record  here  a  matter  of  private 
contract  between  these  companies 
that  is  entirely  unnecessary  for  the 
Arbitrators  to  arrive  at  a  correct 
understanding  of  the  situation;  we 
iiaving  admitted  that  we  are  here 
furnishing  these  lights,  and  ready 
to  submit  to  a  judgment  of  the  Board, 
as  we  have  admitted  that  we  are 
the  responsible  parties,  and  as  the 
witness  has  already  testified  that  the 
Colorado  Springs  Electric  Company 
was  the  distributing  agent,  anything 


CROSS-EXAMINA  TIOK— TRIPP. 


26s 


in  this  contract  throwing  light  on 
the  matter  could  possibly  arise.  That 
is  the  position  of  the  Hydro  Com- 
pany. 

Mr.  Holland:  In  behalf  of  the 
Colorado  Springs  Electric  Light 
Company,  I  will  say  that  we  are  not 
a  party  to  this  arbitration ;  whatever 
rights  these  parties  may  have,  it  is 
to  be  by  reason  of  a  contract  which 
has  been  entered  into  between  the 
City  and  the  Hydro  Electric  Com- 
pany, and  cannot  possibly  have  any 
jurisdiction,  directly  or  indirectly, 
over  the  Colorado  Springs  Electric 
Company. 

Mr.  Robinson :  Then  I  under- 
stand from  both  of  you,  representing 
your  respective  companies,  that  you 
decline  to  furnish  a  copy  of  that  con- 
tract ? 

Mr.  Schuyler :  We  submit  to  the 
Board  whether  it  is  material  or  not. 

Q.  Then,  Mr.  Tripp,  I  will  hand 
you   Exhibit   No.   48 — 

Mr.  Schuyler:  Just  a  moment,  if 
the  Board  please.    We  wish  a  ruling. 

Arbitrator :  Proceed,  Judge  Rob- 
inson. 

Examination  continued  by  Mr. 
Robinson. 

Q.  Mr.  Tripp,  I  will  hand  you 
a  paper  marked  Exhibit  No.  48,  and 
ask  you  to  look  at  it,  and  state 
whether  or  not,  to  the  best  of  your 
knowledge  and  belief,  that  is  a  copy 
of  the  contract  between  the  two 
corporations  described? 

Mr.  Schuyler:  We  make  the  same 
objection ;  but  I  understand  it  is  al- 
lowed to  go  in. 

Arbitrator:  It  is  submitted 
as  evidence,  which  we  feel  we  have 
no  occasion  to  rule  out ;  the  question 
of  calling  for  other  documents  not 
here  is  another  proposition. 

Witness :  May  I  ask  the  Board  a 
question  ? 


Arbitrator :     Certainly. 

Witness :  This  is  not  a  copy 
that  I  would  be  very  familiar  with 
on  account  of  its  length,  and  the  sig- 
natures are  printed  there;  this  is  in 
a  newspaper  form.  I  think  it  would 
hardly  be  fair  to  ask  me  to  swear 
absolutely  that  that  was  a  copy. 

Q.  I  didn't  ask  you  that,  Mr. 
Tripp;  I  asked  you  to  the  best  of 
your  knowledge  and  belief. 

A.  Then  I  prefer  to  read  it. 
{Witness  reads  paper.)  That  ap- 
parently is  a  copy  of  such  contract. 
As  to  whether  it  is  an  exact  copy 
of  the  contract,  I  couldn't  say. 

Re-direct  Examination  by  Mr. 
Schuyler. 

Q.  To  whom  did  the  City  send  re- 
quests for  additional  lamps  since 
February  15th,  1905,  if  you  know,  and 
while  you  were  in  charge  of  the 
Colorado  Springs  Electric  Company? 

A.  To  the  Colorado  Springs  Elec- 
tric Company. 

Q.  And  what  kind  of  lights  were 
asked  for? 

A.  Why,  the  specification — there 
li'as  no  real  specification  to  the  order; 
it  was  simply,  "We  hereby  request 
that  an  arc  light  be  installed  at  the 
intersection  of  such  and  such  streets," 
and  signed  by  the  chairman  of  the 
Street  Committee.  Those  orders 
zvould  be  written  in  the  office  of  the 
Colorado  Springs  Electric  Company, 
and  the  chairman  of  the  Street  Com- 
mittee would  drop  in  at  some  time 
and  sign  them. 

Q. .  How  frequently  has  that  hap- 
pened since  February  15th,  1905,  ap- 
proximately? 

A.     Why,  I  should  say  monthly. 
Witness  excused. 


266 


DIRECT    EXAMINATION— TAFF. 


MR.  GEORGE  A.  TAFF,  being 
first  duly  sworn  in  !)ehalf  of  the  de- 
fendant, testified  as  follows,  to  wit : 

Examination  by  Mr.  Schuyler. 

Q.  What  was  your  employment 
when  you  first  came  here? 

A.  I  came  here  as  engineer  for 
the  Colorado  Springs  Electric  Com- 
pany. 

Q.  How  long  did  you  continue 
as  engineer  for  the  Colorado  Springs 
Electric  Company? 

A.  From  April,  1900,  until  No- 
vember, 1901. 

Q.  What  kind  of  a  street  light- 
ing system  was  in  vogue  here  when 
you  came,  and  during  the  time  you 
were    with   that    company? 

A.  The  direct  current,  open  arc 
system,  with  9.6  to  10  ampere  lamps, 
Thompson  type,  operated  from 
Thompson  arc  generators. 

Q.  After  coming  here,  do  you  re- 
member a  time  when  the  question  of 
changing  the  system  came  up,  from 
the  old  style  9.6  to  the  new  type  of 
lamp,  the  6.6? 

A.    I   do. 

Q.  About  when  was  that,  Mr. 
Taflf? 

A.  Some  time  in  the  spring  of 
1901. 

Q.  State  the  circumstances  sur- 
rounding that  matter? 

A.  Early  in  the  summer  of  1901, 
the  Colorado  Springs  Electric  Com- 
pany ordered  a  small  tub  trans- 
former, and  about  25  lamps  of  the 
alternating  current  type,  for  the  pur- 
pose of  having  the  same  placed  on 
the  streets  in  the  City  of  Colorado 
Springs,   to   demonstrate   their  supe- 


riority over  the  direct  current  open 
arc  lamps,  then  in  use  in  the  city. 

Q.  And  after  placing  such  lamps, 
what  took  place  with  reference  to 
inspections  of  them,  and  exhibitions 
of    their    respective   merits? 

A.  As  engineer  for  the  Company, 
I  spent  considerable  time  on  the 
streets  in  the  evening,  accompanied 
by  the  aldermen,  inspecting  the  new 
light,  and  comparing  it  with  the  old 
open  arc  that  had  been  in  use  here 
for  some  time. 

Q.  How  were  those  25  lamps 
placed  with  reference  to  the  other 
lamps  ? 

A.  They  were  placed  on  corners 
500  feet  apart,  directly  opposite  those 
occupied  by  the  old  open  arc,  for 
the  purpose  of  allowing  a  comparison 
being  made  between  the  ttvo  forms 
of  light. 

Q.  That  is,  upon  an  opposite  cor- 
ner? 

A.     The  opposite  side  of  a  block. 

Q.  And  what  was  done  by  you 
and  the  aldermen  with  reference  to 
examining  these  lights,  and  their  re- 
spective merits,  and  how  frequently? 

A.  We  were  out  nearly  every 
night,  discussing  the  feature  of  illu- 
mination, cotnparing  them  in  a  num- 
ber of  ways. 

Q.  Just  explain  to  the  Board 
what  ways  those  were  that  were 
adopted  ? 

A.  I  cannot  recall  now  the  con- 
versation that  took  place;  but  I  do 
recall  specifically  how  tve  arrived  at 
a  conclusion  as  to  the  quality  of  the 
iieiv  lamp. 

Q.     Please  state  that? 

A.    At   the   intersection   of  Platte 


DIRECT    EX  AMIS  A  TION—TAFF. 


267 


Avenue  and  Tcjon  Street,  there  was 
an  open  arc,  direct  current  lamp,  one 
of  the  old  type;  and  at  the  intersec- 
tion of  Nevada  Avenue  and  Platte 
we  had  one  of  the  alternating  current 
arc  lights  placed.  During  the  con- 
versation at  the  time  referred  to,  I 
suggested  that  we  walk  down  mid- 
way between  the  two  lamps,  and  be 
in  a  position  to  examine  the  lamps 
from  practically  the  same  distance. 
We  found  that  the  shadow  formed 
by  the  alternating  current  enclosed 
arc  lamp,  that  is,  the  shadow  to  the 
west  of  the  observer,  was  very  much 
sharper  and  stronger  than  the  shadow 
to  the  east,  that  caused  by  the  screen- 
ing of  the  rays  from  the  open  arc 
light.  With  that  point  brought  up, 
we  spent  considerable  time  discuss- 
ing it,  and  I  beliez'e  that  is  the  last 
evening  I  spent  on  the  street  in  com- 
pany with  the  aldermen. 

Q.  Now,  after  that,  what  expres- 
sion was  made  b}'  the  representa- 
tives of  the  City  to  you  with  refer- 
ence to  the  new  lights? 

A.  When  the  examination  or  in- 
spection of  the  shadows  came  up, 
one  or  more  of  the  aldermen  stated 
that  that  convinced  him  the  new 
light  zuas  a  more  powerful  light  than 
the  old  one,  or  something  to  that 
effect;  they  were  satisfied  the  new 
light  was  a  better  light  than  the  old 
one;  and  some  time  shortly  after 
that  a  contract  w.is  entered  into  be- 
tween the  City  and  the  Colorado 
Springs  Electric  Company  for  the 
placing  of  the  new  form  of  light 
on  the  streets  as  a  substitute  for 
the  old  arc  light. 

Q.  What  do  you  say  as  to  the 
difference  between  that  lamp  which 
you  were  then  exhibiting  and  the 
present  lamps  on  the  street,  if  any? 


A.     They  are   the  same  lamps. 

Q.  After  leaving  the  Colorado 
Springs  Electric  Company,  what 
connection  did  you  have  with  the 
Pike's  Peak  Hydro-Electric  Com- 
pany? 

A.  I  zvas  manager  of  that  com- 
pany, although  not  exclusively  em- 
ployed. I  gave  that  company  such 
of  my  time  as  was  necessary. 

Q.  Under  whose  direction  was  the 
pipe  line  and  plant  at  Manitou  built? 

A.  Under  my  direction;  I  was  the 
engineer   for   the    company. 

Q.  At  what  time  was  it  that  the 
water  of  the  City  of  Colorado 
Springs  was  turned  into  the  pipe  line 
of  that  plant? 

A.     On  February  2,   1905. 

Q.  About  that  time,  do  you  re- 
member any  conference  had  with 
officials  or  representatives  of  the 
City  of  Colorado  Springs,  concern- 
ing the  turning  of  the  water  into 
the  pipe  line,  and  the  lighting  of 
the    City   of   Colorado    Springs? 

A.    I  do. 

Q.  Where  was  such  conference, 
and  when? 

A.  That  conference  was  held  at 
the  office  of  Mr.  Perkins,  one  of  the 
aldermen,  some  time  in  January, 
1905. 

Q.  State  who  were  present,  if  you 
recollect  ? 

A.  There  were  present  at  that 
meeting  Mayor  Harris,  Aldermen  St. 
John,  Dunbar,  Perkins,  Holden,  Hill 
and,  I  believe,  Verner. 

Q.     Of    how    many    was    the    City 
Council  composed  at  that  time? 
A.    Eight,   I   believe. 


268 


DIRECT    EXAMINATION— TAPP. 


Q.  And  what  kind  of  a  meeting 
was  this  and   for  what  purpose? 

A.  It  was  a  meeting  of  the  alder- 
men, for  the  purpose  of  considering 
the  notice  from  the  Pike's  Peak 
Hydro  Electric  Company  that  they- 
were  ready  to  furinsh  lights  to  the 
City  of  Colorado  Springs  under  the 
terms  of  the  Jackson  franchise,  and 
for  the  purpose  of  considering  the 
application  by  the  same  company  for 
an  order  to  turn  zvater  through  the 
pipe   line. 

Q.  State  to  the  Board  what  agree- 
ment or  understanding  with  refer- 
ence to  the  street  lighting  was  at 
that  time  talked  of  and  entered  into 
by  the  representatives  of  the  various 
parties  present? 

A.  The  principal  question  under 
discussion  zvas  the  furnishing  of 
street  lights  by  the  new  company, 
and  as  to  how  they  were  to  be  fur- 
nished; and  the  question  came  up  as 
to  whether  the  change  of  lighting  by 
the  new  system  and  the  new  company, 
would  involve  an  interruption  in  the 
street  lighting  service,  and  we  as- 
sured them  that  would  not  occur,  in- 
asmuch as  we  had  made  arrange- 
ments with  the  Colorado  Springs 
Electric  Company  to  furnish  the 
lights  through  that  company  and 
through  the  system  then  on  the 
streets,  and  that  in  making  such 
change  there  zvould  be  no  interrup- 
tion in  the  lighting  scrz'icc. 

Q.  Were  any  of  the  aldermen  in 
that  Council  also  councilmen  when 
this  demonstration  of  the  relative 
merits  of  the  two  lights  was  made, 
back  in  September,  1901? 

A.  Alderman  St.  John,  I  belicxie, 
was  the  only  one  present  at  the  meet- 


ing, although  Mr.  Banning  zvas  also 
a  councilman  at  the  time  referred  to. 

Q.  What  did  you  gather  as  to 
their  wish  with  reference  to  the 
Hydro-Electric  Company  using  those 
same  lamps,  the  same  system? 

A.  I  understood  it  to  be  accept- 
able, and  no  objections  were  offered 
zuhen  it  was  explained  how  the  street 
lights  zvcre  to  be  furnished;  that 
matter  had  been  evidently  discussed 
for  some  little  time  previous  to  the 
meeting  in  Mr.  Perkins'  office,  but 
not  by  myself.  Mr.  K.  R.  Babbitt 
counsel  for  the  Hydro-Electric  Com- 
pany, had,  I  believe,  carried  on  some 
discussion  zvith  the  different  mem- 
bers of  the  Council. 

Q.  After  that  time,  Mr.  Taff,  what 
objections  were  made,  if  any,  by  any 
representative  of  the  City  of  Colo- 
rado Springs  to  these  lights,  to  the 
Pike's  Peak  Hydro-Electric  Com- 
pany? 

A.  No  objections  directly  to  the 
Pike's  Peak  Hydro-Electric  Company 
and  none  that  I  heard  of  in  any  form 
until  the  Spring  of  igo6. 

Q.  Did  you  tlien  receive  any  ob- 
jections officially? 

A.  I  did  not.  The  only  official 
ezndence  we  have  received,  zvas  a  bill 
from  the  City,  asking  a  refund  of 
some  $16,000  on  lighting  bills  ren- 
dered from  that  period  up  to  May  31, 
1906. 

Q.  What  outside  agitation,  not  the 
official,  was  brought  to  your  attention 
concerning  the  Hydro-Electric  Com- 
pany's affairs? 

A.  The  newspapers  reported  cer- 
tain doings  at  the  city  council. 

Q.     During    this    time,   what   atti- 


CROSS-EXAMINA  TION—TAFP. 


269 


tude  did  the  City  assume  toward  the 
Hydro-Electric  Company,  and  in  its 
water  supply? 

A.  A  very  antagonistic  attitude. 
On  numerous  occasions  turned  oif  the 
water,  and  shut  dozvn  the  plant  with- 
out notice. 

Q.  How  many  times  did  the  Pike's 
Peak  Hydro-Electric  Company  resort 
to  the  courts  by  way  of  injunction  in 
the  Spring  of  1906? 

A.  I  can't  recall  noxv,  hut  I  be- 
lieve several  times,  in  order  to  pro- 
tect the  property. 

Q.  And  has  the  Pike's  Peak  Hy- 
dro-Electric Company  at  any  time  re- 
ceived requests  from  the  City  of 
Colorado  Springs  to  install  additional 
street  lights? 

A.  Very  recently;  in  the  past  six 
iveeks  zve  have  received  requests 
from  the  Chairman  of  the  Street 
Committee  to  install  in  all,  I  should 
say,  nine  or  ten  lamps. 

Q.  In  reliance  upon  what  under- 
standing has  the  Pike's  Peak  Hydro- 
Electric  Company  continued  the 
street  illumination  of  this  City  since 
February  15,  1905? 

A.  On  the  understanding  or  agree- 
ment reached  at  the  meeting  of  the 
council  in  Mr.  Perkin's  office. 

Cross-examination  by  Mr.  Rob- 
inson. 

Q.     Was  that  a  meeting  of  the  city 
council  of  this  city,  Mr.  Taff? 
A.    I  believe  so. 

Q.     Was  there  any  clerk  present? 
A.    Not  to  my  knowledge. 

Q.  Any  record  made  of  the  pro- 
ceedings that  you  know  of? 


A.  I  understand  there  was;  as  to 
whether  it  covered  the  exact  language 
as  used  at  that  meeting,  at  that  par- 
ticular time,  I  couldn't  say. 

Q.  Wasn't  it,  Mr.  Taff,  just  a 
meeting  of  two  or  three  of  you  gen- 
tlemen representing  the  electric  com- 
panies, and  some  of  the  men  who 
were  aldermen  in  the  city? 

A.  It  was  a  meeting  of  the  city 
council  and  its  Mayor,  as  I  was  noti- 
fied, called  for  the  purpose  of  dis- 
cussing the  features  7ve  have  just  re- 
lated, and  for  convenience  they  met 
at  Alderman  Perkins'  office. 

Q.  You  understood  that  it  was  a 
meeting  of  the  city  council,  did  you? 

A.  I  beliei'e  it  xvas ;  I  so  under- 
stood it,  and  I  have  had  no  notice  to 
the  contrary  since  that  date. 

Q.  I  hand  you  Exhibit  No.  46,  and 
ask  you  if  to  the  best  of  your  recol- 
lection that  resolution  was  passed 
after  the  meeting  to  which  you  re- 
fer? 

A.  I  believe  that  is  their  way  of 
expressing  the  sense  of  the  meeting 
referred  to;  I  beliet'e  it  refers  to  that 
meeting. 

Q.  I  hand  you  Exhibit  No.  49,  do 
you  recollect  sending  that  communi- 
cation to  the  City? 

A.    I  cannot  recall  it. 

Q.  I  hand  5'ou  Exhibit  No.  47,  and 
ask  you  if  you  recognize  that  as  be- 
ing a  copy  of  a  letter  which  you 
wrote  to  the  City  concerning  the  fur- 
nishing of  street  lights,  and  the  turn- 
ing on  of  the  water? 

A.    I  recall  this  communication. 

Q.  I  understood  you  to  refer  to 
some  incident  when  the  trial  lamps 


270 


CROSS-EXAMINATION— TAPF. 


were  on  the  street,  and  one  of  the 
alderman  expressed  himself  as  satis- 
fied with  the  light;  who  was  that 
alderman? 

A.  I  cannot  say  now  which  one  of 
the  number  did  the  talking,  or  ex- 
pressed themselves  as  stated. 

Q.     Can    you    state    who    any    of 
those  persons  were? 
A.     I  cannot. 

Q.  In  the  conversations  between 
you  and  any  of  the  aldermen  of  the 
city  concerning  the  change  of  light, 
was  there  any  representation  made  as 
to  the  new  light,  or  what  would  be  its 
characteristics? 

A.  I  believe  ice  explained  to  the 
aldermen  as  clearly  as  possible,  that 
the  new  form  of  lamp  was  to  be  an 
alternating  current  enclosed  arc  lamp, 
of  the  type  known  as  6.6  amperes 
capacity. 

Q.  What  was  said  about  candle- 
power? 

A.  Nothing  that  I  know  of;  in 
fact  I  will  say  now  that  in  none  of 
my  discussions  so  long  as  I  have  been 
connected  with  electric  construction, 
have  I  used  the  term  candle-power. 

Q.  You  never  claimed  then  that 
the  candle-power  of  the  new  lamp 
was  equal  to  the  candle-power  of  the 
old  lamp? 

A.  I  claimed  the  light  zvas  superior 
to  the  light  then  on  the  street. 

Q.  In  your  direct  examination, 
Mr.  TafF,  I  understood  you  to  say 
that  you  had  had  no  notice  of  any 
objections  to  the  light  being  fur- 
nished on  the  streets  of  this  City,  un- 
til a  bill  for  about  $16,000  was  ren- 
dprd  to  A'oti? 


A.  That  zvas  the  official  notice  I 
referred  to. 

Q.  Prior  to  that  you  had  known 
that  there  were  objections,  had  you 
not? 

A.  Such  as  I  sazv  in  the  papers 
regarding  resolutions  introduced  in 
the  City  Council,  and  the  very  strong 
statements  made  by  the  City  Attorney 
on  that  subject. 

Q.  Isn't  it  true,  that  you  were 
present  here  in  this  chamber  at  at 
least  two  meetings  of  the  City  Coun- 
cil when  this  matter  was  under  dis- 
cussion, and  long  before  you  received 
any  bill  for  $16,000  or  any  other  sum 
from  the  City? 

A.  I  was  present  in  this  council 
chamber  at  no  meeting  to  my  knowl- 
edge where  the  lighting  question  was 
discussed.  I  was  present  zvhen  a  dis- 
cussion was  on  concerning  the  waste 
of  water  by  the  Hydro-Electric  Com-^ 
pany. 

Q.  You  remember  the  agreement 
between  the  City  and  the  Hydro 
Company  dated  June  12th,  1906? 

A.    I  do. 

Q.  Now  for  some  months  prior  to 
that  time,  had  you  not  had  various 
meetings  with  committees  of  the  City 
Council  and  the  Mayor,  looking  to  an 
adjustment  of  the  difficulties  between 
the  City  and  the  Company? 

A.  I  attended  one  or  two  meet- 
ings, in  the  private  office  of  Mayor 
Hall,  looking  to  the  adjustment  of 
the  differences;  but  that  was  on  the 
so-called  zvustc  of  zvatcr  by  the  Pike's 
Peak  Hydro-Electric  Company;  at 
which  meetings  zve  agreed,  in  order 
to  satisfy  certain  members  of  the 
City  Council,  that  we  zvould  make 
some  changes  in   the  mountains.     I 


RE-EXAMINATION—SCHVCHARDT. 


271 


cannot  recall  of  any  meeting  prior  to 
June  I2th,  where  the  question  of  arc 
lights  was  discussed. 

Q.  You  remeinber  to  have  ad- 
dressed the  Council  regarding  these 
matters  at  least  oncC;  don't  you? 

A.  I  addressed  this  Council  some 
time  in  February,  1906,  particularly 
and  specifically  on  the  charges  made 
by  the  Water  Superintendent. 

Q.  And  you  addressed  various 
communications  to  the  City  Council 
in  regard  to  the  controversy,  did  3'ou 
not? 

A.    I  believe  I  did. 

Q.  Do  you  remember  that  there 
were  several  resolutions  introduced 
in  the  Council  concerning  the  charge 
that  the  Hydro  Company  was  not 
fulfilling  its  contract,  and  several  re- 
ports made  by  aldermen  or  commit- 


tees, along  in  the  fall  and  winter  of 
1905  and  1906,  concerning  the  mat- 
ter? 

A.  I  cannot  recall  that;  in  fact  the 
first  communication  or  action  by  the 
City  Council  that  I  recall  was  along 
in  March  of  1906. 

Q.  If  I  call  your  attention,  Mr. 
TaflF,  to  the  fact  that  a  report  to  the 
City  Council  was  made  by  the  City 
Attorney  about  March  22,  1906, 
would  that  recall  to  your  mind  that 
for  some  months  prior  to  that  time 
the  question  of  the  differences  be- 
tween the  City  and  the  Hydro-Elec- 
tric Company  had  been  agitated  in 
the  City  Council? 

A.  I  cannot  recall  nozu  of  any- 
thing of  that  kind  being  agitated;  it 
may  have  been;  I  do  remember  a  re- 
solution being  introduced  looking  to 
the  repeal  of  the  Jackson  franchise. 

Witness  excused. 


MR.    R.    F.    SCHUCHARDT    be-       modified   it  in   any  particular  to  the 
ing  recalled  in  behalf  of  the  defend-       present  time? 

A.     I  am   not  aware   of  any  such 
change. 


ant,  testified  as  follows,  to  wit : 
Examination  by  Mr.  Schuyler 


Q.  Mr.  Schuchardt,  will  you 
please  state  to  the  Board  if  the  Na- 
tional Electric  Light  Association  has 
at  any  time  since  1894,  when  it  adopt- 
ed this  resolution  which  has  been 
under  discussion  here,  changed  it  or 


Q.  How  often  does  that  Associa- 
tion meet? 

A.  That  Association  meets  once  a 
vear.  I  belie-i'e. 


Witness    excused. 

THEREUPON  THE  DEFENDANT  RESTED  IS  CASE. 
BOARD  ADJOURNED. 


272 


REBUTTAL— MACMILLAN. 


THE  BOARD  MET,  PURSUANT  TO  ADJOURNMENT, 
AT  9  A.  M.,  FEBRUARY  8,  1907. 


MR.  K.  M.  MACMILLAN  being 
recalled  in  behalf  of  the  plaintiff  in 
rebuttal,  testified  as  follows,  to  wit: 

Examination  by  Mr.  Robinson. 

Q.  Mr.  MacMillan,  have  you  in 
your  possession  as  City  Clerk  of  this 
City  the  record  of  the  meetings  of 
the  City  Council  covering  December, 
1904,  and  January  and  February, 
1905? 

A.    I  have. 

Q.  Will  you  please  produce  them 
and  read  to  the  Board  the  record  of 
all  the  proceedings  concerning  the 
Hydro-Electric  Company  matters 
that  you  find  in  the  record  of  the 
City  Council  during  the  three  months 
mentioned  ? 

A.  This  is  from  Record  9,  page 
396;  a  co)iiniuiiication  from  G.  A. 
Taff,  President  of  the  Pike's  Peak 
Hydro-Electric  Company,  {reads  let- 
ter, Exhibit  No.  47),  also  a  com- 
munication submitting  a  proposition 
to  furnish  the  said  city  free  of  cost 
all  electric  current  necessary  for 
lighting  the  new  City  Hall,  Exhibit 
No.  49.  Communication  ordered 
placed  on  file. 

Mr.  Schuyler:  What  date  was 
that,  Mr.  MacMillan? 

A.  That  is  a  meeting  held  on 
January  i6th,  1905.  Alderman  Per- 
kins introduced  the  following  resolu- 
tion, which  was  read.  I  read  from 
hifi<^  397:  (reads  Resolution,  Ex- 
hibit No.  46.) 

Q.    Outside    of    what    you    have 


read,  and  the  reference  on  pages  397 
and  398  about  a  bond  furnished,  do 
you  find  the  record  of  any  other 
matter  concerning  the  resolutions  be- 
tween the  City  and  the  Pike's  Peak 
Hydro-Electric  Company,  concerning 
the  use  of  water  or  the  furnishing  of 
lights? 

A.  Not  ill  the  periods  mentioned 
in  your  statement. 

Q.  Did  you  ever  attend  a  meeting 
of  the  City  Council  in  the  office  of 
Alderman  Perkins,  in  January  of 
1 90s? 

A.     I  did  not. 

Q.     Was  there  ever  such  a  meeting 
held  there? 
A.    No. 

Q.  I  will  ask  you  whether  or  not 
you  were  City  Clerk  during  January 
of  1905? 

A.    I  was. 

Q.  And  was  it  a  part  of  your  duty 
to  attend  a  meeting  of  the  City 
Council  ? 

A.    It  was. 

Q.  As  such  Clerk  or  otherwise  do 
you  know  of  any  meeting  of  the  City 
Council  ever  having  been  held  in  the 
office  of  Alderman  Perkins? 

A.    No,  I  do  not. 

Q.  Do  the  records  of  the  City 
Council  show  any  meeting  held  at 
that  place? 

A.    They  do  not. 

Witness  excused. 


REB  UTTAL—SHEDD. 


273 


PROF.  J.  C.  SHEDD,  being  re- 
called in  behalf  of  the  plaintiff  in  re- 
buttal, testified  as  follows,  to  wit : 

Examination  by  Mr.  Robinson. 

Q.  One  of  the  witnesses  for  the 
defense,  I  believe,  Mr.  Ryan,  cited 
Professor  Ed.  L.  Nichols  as  au- 
thority to  sustain  a  claim  made  by 
that  witness  in  this  case.  Can  you 
give  us  anything  from  Professor 
Nichols  as  rebuttal  of  the  testimony 
of  that  witness? 

A.  Yes,  I  desire  to  cite  the  fol- 
lowing letter  of  November  24,  1906, 
from  Dr.  Nichols  himself; 

"The  question  of  the  interpreta- 
tion of  the  term  2,000  candle-power 
as  applied  to  arc  lamps  is  a  very  old 
one.  I  do  not  know  in  how  many 
instances  consumers  have  been  able 
to  hold  electric  lighting  companies 
to  the  letter  of  the  law,  but  it  is 
my  impression  that  the  term  has  been 
recognised  as  a  merely  nominal  one. 
It  lias  introduced  for  the  purpose  of 
deceiving  the  public,  and  has  been 
known  as  a  fake  expression  ever 
since.  There  is  no  ordinary  arc  light 
of  2,000  candle-power  on  the  market, 
and  never  has  been;  but  the  city  is 
undoubtedly  entitled  to  lamps  giving 
such  light  as  can  be  obtained  from 
a  properly  constructed  and  regulated 
mechanism  employing  10  amperes  of 
current  at  not  less  than  45  volts. 
This  at  least  the  contracting  com- 
pany could  be  held  to  under  a  system 
of  inspection  on  the  part  of  the  city. 
I  should  hold  further  that  if  the 
company  subsequently  changed  over 
from  direct  current  open  arc  lamps 
to  enclosed  arcs,  they  were  not  en- 
titled to  charge  at  the  same  rate  per 
lamp,  since  the  latter  are  much 
cheaper  to  maintain,  as  has  been 
shown,    and    they    afford    less    light 


than  the  open  arc  lamp.  If  these 
enclosed  arc  lamps  are  upon  alter- 
nating current  circuits  the  light  ob- 
tained from  the  same  would  be  ma- 
terially less  than  in  the  case  of  the 
direct  current  enclosed  arc  lamps  and 
probably  not  more  than  from  60  to 
70  per  cent  of  an  open  arc  lamp 
consuming  the  same  energy. 

"It  has  been  a  matter  of  common 
practice  on  the  part  of  electric  light- 
ing companies  to  persuade  their  cus- 
tomers to  change  from  the  open  arc 
to  the  enclosed  arc,  and  to  insist  that 
the  latter  were  an  improvement  from 
the  point  of  view  of  light  produc- 
tion. Owing  to  the  fact  that  the 
light  from  the  enclosed  arc  appears 
to  come  from  the  entire  surface  of 
the  bulb  instead  of  from  the  arc 
itself,  this  lamp  presents  to  the  eye 
the  appearance  of  a  more  powerful 
source  than  in  the  case  of  open  arc 
lamps  zvith  clear  glass  globes,  but 
the  measurement  of  the  illumination 
at  a  given  distance  in  the  two  cases 
shozvs  that  this  is  deceptive.  It 
iijould  perhaps  be  unreasonable  for  a 
consumer  to  object  to  enclosed  arc 
lamps,  but  he  should  be  given  the 
advantage  of  the  very  great  saving 
in  the  annual  cost  of  maintaining 
such  lamps  as  compared  with  the 
open  arc. 

"I  do  not  think  that  a  deposition 
from  me  on  this  subject  would  be 
of  much  value,  because  I  have  not 
t'crsonally  made  tests  and  could  only 
quote  the  very  valuable  measurements 
by  Matthews  and  others,  which  are 
to  be  found  in  the  literature  of  elec- 
tric lighting.  Yours  very  truly,  Ed- 
ward L.  Nichols." 

Q.  Some  of  the  witnesses  for  the 
defense  referred  to  the  tests  made 
by    the    committee    as    "snap"    tests 


274 


REBUTTAL— SHEDD. 


Please  explain  the  conditions  of  the 
tests  to  the  Board? 

A.  I  infer  by  the  comment  of  Mr. 
Ryan  that  he  inrnted  a  comparison 
between  the  tests  by  the  college  com- 
mittee and  the  tests  as  participated  in 
by  himself.  I  would  say  first,  that 
with  respect  to  the  instruments  used, 
it  is  unheard  of  when  standard  Wes- 
ton instruments  are  available,  as  the 
defendant  shozvs  they  were,  to  use 
switch-board  instruments  for  any 
tests  that  are  to  be  presented  before 
a  Board,  unless,  of  course,  the  pur- 
pose of  the  test  is  clearly  under- 
stood. In  the  second  instance,  it  is 
very  important  in  making  tests  to 
divorce  the  observer  from  the  test; 
that  is,  his  judgment  should  not  enter 
into  the  tests.  The  college  com- 
mittee took  readings  by  the  watch, 
at  stated  intervals,  and  took  a  large 
number  of  those  readings,  in  some 
cases  as  high  as  fifteen,  and  the  read- 
ings were  taken  simultaneously  upon 
a  signal.  This  divorced  the  observer 
from  the  test,  making  him  merely 
a  recording  instrument  to  set  down 
what  he  saw.  Now,  in  the  case  of 
Mr.  Ryan's  tests,  the  instruments 
were  vmtched,  and  when  they  got  the 
reading  they  considered  to  be  a 
proper  reading,  they  set  it  down. 
They  set  down  but  one  reading, 
although  they  may  have  zvatched  the 
instruments  for  five  or  ten  minutes. 
In  the  college  tests  they  set  doivn 
every  reading  that  ims  signaled  for. 
Those  readings  were  all  recorded, 
and  their  average  was  entered  up. 
The  comparison  is  obvious.  I  think 
the  defendant  has  in  its  testimony 
clearly  shown  that  the  purpose  of 
their  test  was  to  make  an  adjust- 
ment  of  the  lamp;  the  purpose  of 
the  college  test  was  to  determine  ab- 


solutely what  tvas  going  on  at  that 
particular  intei-val  or  period  of  time. 

Q.  A  criticism  was  made,  by  Mr. 
Ryan,  I  believe,  of  the  polar  curves 
furnished  by  Professor  Matthews; 
what  have  you  to  say  in  response 
to  that? 

A.    Mr.  Ryan  made  the  criticism 
zvith  respect  to  Mr.  Matthews'  curves, 
stating  that  they  lead  to  a  false  im- 
pression with  respect  to  a  comparison 
between  curves  lying  in   tozuard  the 
center  with   those   lying   out   toward 
the    edge;    therefore    this   Rousseau 
diagram,   Exhibit   No.    50,    has   been 
prepared.    Personally,  I  do  not  share 
the   objection   to   the  polar  diagram, 
and  I  think  that  the  Rousseau  dia- 
gram     makes      the      contrast     even 
greater,    if    that    is    possible.      This 
curve  A  on  Exhibit  50  gives  us  the 
9.6  ampere  lamp  as  tested  by  Profes- 
sor Matthews,   operated  at  9j/$   am- 
peres.    B   gives  us   the   6.6   ampere 
enclosed  A.  C.  lamp  operated  at  480 
zvatts,  with  the  same  current  that  it 
was  found  to  be  operated  with  upon 
the  streets  of  the  city,  7  amperes.    C 
gives    us    the    same    type    of    lamp, 
zvith    427    zvatts,    operated    zvith    the 
street  current  of  7  amperes.     Curz'e 
D    gives    us    the    National    Electric 
Light  Association  tests  zvith  the  opal 
globe.    That  perhaps  might  be  shoved 
to  the  right  10  per  cent,  if  a  clear 
globe    were    used;    the    distribution 
would   be   a   little   changed;   in    that 
case   the  distribution   zvould   become 
essentially    zvhat    the  .  curz'e    B    is; 
curves  E  and  F  give  the  city  lamp 
operated  at  342  zvatts  and  240  zvatts 
respectively.     I  zvould  point  out  also 
to    the   Board   that   not   only   is   the 
maximutn  shozvn  here,  but  the  area 
of  the  curves  giz'cs  directly  the  mean 
lowfr  hemispherical  candle-power. 


REBUTTAL— SHEDD. 


275 


Q.  I  understood  Mr.  Ryan,  in  be- 
half of  the  defendant,  to  claim  that 
the  time  element  should  be  included 
in  the  testing  of  the  lamps,  and 
I  understood  him  that  it  was  not  in- 
cluded in  the  tests  that  you  gave. 
What  have  you  to  say  to  the  Board 
about  that  proposition? 

A.  It  is  unquestionably  true  that 
lamps  in  operation  fluctuate  over  a 
considerable  range.  If  we  say  that 
a  lamp  is  operated  at  450  watts,  zfc 
do  not  mean  that  a  lamp,  through- 
out an  hour,  or  even  throughout  ten 
minutes,  is  consuming  450  zvatts,  but 
that  it  fluctuates,  sometimes  being 
above  that  value,  sometimes  being 
belozv  that  value.  The  average  con- 
dition of  the  lamp  throughout  that 
period  of  time  is  that  of  a  lamp 
fixed  at  450  zvatts.  The  word  "aver- 
age" is  itself  a  recognition  of  the 
lime  clement.  Therefore,  if  zee  zvish 
to  determine  what  a  lamp  is  doing 
at  a  given  power  consumption,  for 
e.vample  450  watts,  we  will  keep  it  at 
that  constant  450  watt  consumption, 
and  measure  its  distribution.  That  is 
zvhat  zivs  done  in  this  case.  It  is 
very  important,  if  possible,  to  arrive 
at  a  method  by  zvhich  this  average 
shall  be  automatically  given.  Thus 
from  a  minimum  distribution  curve 
or  a  maximum  distribution  curve, 
such  as  Mr.  Ryan  presented  to  us,  it 
is  impossible  to  state  whether  the 
minimum  occurred  i-io  of  the  time, 
and  the  maximum  9-10,  or  in  other 
words,  it  is  impossible  to  get  the  cor- 
rect proportion;  therefore,  a  method, 
if  possible,  that  zvill  show  this  or 
give  us  the  average  is  of  very  great 
importance. 

Now,  I  zi'ould  like  to  point  out  to 
the  Board  that  the  method  adopted 
in  making  our  laboratory  tests  shows 
precisely  this  character.  Let  us  con- 
sider the  arc  lamp  as  hanging  mid- 


zvay  between  my  hands;  we  put  two 
mirrors,  one  on  each  side,  the  two 
mirrors  being  symmetrically  ar- 
ranged; the  photometer  zvill  be 
directly  in  front  of  me  at  a  proper 
distance.  Now,  it  will  be  quite  ap- 
parent that  as  the  arc  fluctuates  from 
side  to  side,  that  if  it  be  on  the  left, 
for  example,  that  that  left-hand  mir- 
ror zi'ill  get  an  illumination  which 
is  determined  by  what  we  may  call 
the  maximum  distribution  curve,  and 
the  right-hand  mirror,  shaded  as  it  is 
by  the  carbons,  zinll  get  an  illumina- 
tion which  corresponds  to  the  min- 
imum curz'e,  and  that  both  these  illu- 
minations are  made  upon  the  photo- 
meter simultaneously,  the  direct  rays 
being  screened,  and  the  setting  of 
the  photometer  in  this  way  gives  us 
the  minimum  and  maximum  curves 
automatically,  averaging  the  two  con- 
ditions. 

If  the  arc  be  in  the  center,  and 
ice  have  a  distribution  approximately 
the  same  on  both  sides,  then  these 
tzvo  mirrors  zvill  throw  up  on  the 
photometer  an  illumination  corre- 
sponding to  that  condition,  and  it 
averages  that  condition,  and  shows 
all  variations  due  to  the  fluctuating 
of  the  arc.  Therefore,  the  curve  de- 
scribed by  Mr.  Matthews  is  itself  that 
average  curve  which  Mr.  Ryan  was  so 
anxious  to  get,  and  upon  which  he 
places  so  much  stress;  but  the  state- 
ment that  he  made  regarding  it,  that 
that  average  curve  should  be  itself 
averaged  zi'ith  the  minimum  curve  is 
erroneous,  because  the  averaging  has 
already  been  done  by  the  photometer. 
If  he  zvcre  to  desire  such  an  average, 
he  must  take  the  maximum  distribu- 
tion curz'e,  and  the  minimum  dis- 
tribution curve,  and  then  his  average 
zi'ould  be  the  curve  zvhich  is  here 
presented.  Of  course,  there  are 
fluctuation^  4u^  fo  lamp  conditions; 


276 


REBVTTAL—SHEDD. 


due  to  the  conditions  ivhere  the  lamp 
is  not  staying  at  450  watts.  That 
is  taken  care  of  in  this  manner;  we 
arc  told  that  the  average  consumption 
of  the  lamp  is  450  watts,  and  there- 
fore if  we  determine  the  condition 
when  the  lamp  is  at  that  average 
consumption,  wc  have  allowed  for 
fluctuations  above  or  below  the  av- 
erage. The  purpose  of  the  com- 
mittee zi'as  to  determine  the  candlc- 
pozver  of  these  lamps;  they  clearly 
understood  that  for  them  to  get  the 
candle-poiver  of  each  and  every  lamp, 
for  each  and  every  night,  would  be 
impossible,  and  they  determined,  first, 
from  the  early  tests,  the  type  of  lamp 
used-  universally  through  the  city; 
having  done  that,  they  then  deter- 
mined the  service  conditions  under 
which  those  lamps  were  operated, 
showing  that  they  were  operated,  for 
example,  at  7  amperes,  or  at  a  given 
number  of  volts;  they  then  took 
samples  of  those  lamps,  taking  tzuo 
of  them,  and  took  them  to  the  lab- 
oratory, atid  carefully  determined  the 
variation  between  the  watt  consump- 
tion of  the  lamp  and  the  candle- 
power  of  the  lamp;  keeping  the  lamp 
at  that  constant  current  which  it  is 
holding  under  service  conditions. 
Somewhere  about  fifty  different  read- 
ings were  taken  on  a  given  lamp 
in  a  given  condition;  and  then  those 
readings  zvere  carefully  worked  out 
under  zvell-known  methods,  and  the 
average  candle-power  for  that  test 
arrived  at.  This  then  resulted  in  tzvo 
curves.  E  xhibit  No.  28  is  a  diagram 
shozving  the  relation  betzveen  zvatts 
consumption  and  the  maximum  can- 
dte-pozuer.  In  making  this  zve  elimin- 
ated one  factor  zvhich  obtains  on  the 
streets;  the  globes  were  clean.  Dia- 
gram Exhibit  No.  29  gives  the  rela- 
tion between  zvatts  consumption  and 
for  switch-board  ivork,  but  zi'hcn  zve 


mean  hemispherical  candle-power. 
Nozv,  with  the  diagrams  taken  from 
tzvo  lamps  representative  of  this  type 
and  system,  we  can  say  with  reason- 
able accuracy,  for  a  given  watt  con- 
sumption, zuhat  the  candle-power 
tnay  be.  Let  me  illustrate  my  point : 
the  average  maximum  candle-power 
per  lamp,  extending  over  the  year 
and  a  half  is  360,  based  on  437  zvatts, 
the  average  energy  consumption  as 
figured  by  the  defendant.  With 
respect  to  hemispherical,  they  were 
giving  during  this  period  260  candle- 
pozver.  Now,  zvithin  the  last  six 
months  they  have  boosted  these 
lamps  to  average  472  zvatts;  that 
means  that  the  maximum  candle- 
pozver  was  boosted  up  to  400  candle- 
poiver  as  a  maximum,  from  360;  and 
their  mean  hemispherical  candle- 
pozver  zvas  boosted  up  from  260  to 
311  mean  hemispherical. 

Therefore,  zve  have  here  deter- 
mined a  scale  by  zvhich  the  maximum 
candle-power  or  the  mean  hemi- 
spherical candle-poiver  of  a  lamp  may 
be  determined,  and  we  have  done  that 
zvith  great  accuracy  and  fairness. 

Cross  -  examination  by  Mr. 
Schuyler. 

Q.  Professor  Shedd,  do  you 
know  what  watt-meters  are  down  in 
this  station? 

.1.     Yes. 

Q.  Now.  you  referred  to  a  meter 
for  which  the  Weston  should  have 
liecn  substituted  at  the  switch-board? 

A.  I  don't  think  I  did;  I  have  no 
criticism  to  make  with  respect  to 
the  instruments  on  the  switch-board 
are  making  street  tests  zve  should 
use  the  very  highest  grade  of  in- 
struments available.  Nozv,  the  Wes- 
ton instruments  represent  that  type. 

Witness  excused. 


REBUTTAL— BELL. 


277 


DR.  LOUIS  BELL  being  recalled 
in  behalf  of  the  plaintiff  in  rebuttal, 
testified  as  follows,  to  wit : 

Examination  by  Judge  Robinson. 

Q.  Dr.  Bell,  at  the  last  session  of 
the  Board  some  matter  from  a  pub- 
lication written  by  \ou  was  put  in 
evidence.  I  will  ask  you  to  state  to 
the  Board  your  position  on  the  mat- 
ters brought  out  in  evidence? 

A.  It  is  a  litle  awkward,  your 
honors,  to  be  cited  as  it  were  by  both 
sides  as  an  authority.  I  beg  leave  to, 
in  connection  with  any  and  all  state- 
ments made  in  my  book  or  any  other 
publication,  to  ask  you  to  bear  in 
mind  the  fact  that  we  are  dealing 
with  a  very  swiftly  changing  art.  If 
the  Board  will  pardon  me  for  a  per- 
sonal explanation  —  within  twenty 
years  past  I  have  personally  had  the 
good  fortune  to  be  in  at  the  dawn  of 
three  great  changes  in  electrical  en- 
gineering— so  swift  has  been  the 
change  in  the  art  with  which  we  are 
dealing.  I  mention  this  without  the 
slightest  idea  of  self  aggrandisement, 
merely  to  show  how  rapid  these 
changes  are,  how  fast  we  have  to 
learn  in  order  to  keep  up  with  them 
and  how  close  the  application  in  fol- 
lowing any  given  branch  has  to  be. 
As  compared  luith  the  time  involved 
in  legal  actions  this  is  extremely 
short,  tvhich  may  account  for  any 
misunderstanding  on  the  part  of 
counsel.  For  example,  the  art  of 
electric  lighting  arose,  and  the  art  of 
electric  railroading  came  into  being 
during  the  time  that  passed  between 
the  beginning  and  the  end  of  the  liti- 
gation of  the  Berliner  transmitter 
patent. 

In  connection  zvith  my  direct  testi- 
mony which  was  given  in  thus  case. 


as  regarding  zvhat  was  meant  by  the 
light  of  the  Jackson  franchise.  Sec- 
tion 9,  /  testified  substantially  that  the 
lamp  under  consideration  was  an 
open  arc  taking  about  9j4  to  10  am- 
peres, and  a  corresponding  number  of 
volts,  to  get  somezvhere  around  450 
ivatts. 

I  would  call  the  attention  of  the 
honorable  Board  to  the  statements 
which  are  made  with  respect  to  this 
light  in  the  book  in  question.  On 
page  248,  /  think  is  a  full  and  sub- 
stantially correct  statement  as  to 
what  is  meant  by  the  two  thousand 
candle-power  or  arc  as  follows : 

"For  years  open  arc  lamps  have 
been  classified  as  2,000  candle-power 
or  'full  arc,'  and  as  1,200  candle- 
power  or  half  arc  lamps,  but  these 
alleged  candle  powers  are  never  ob- 
tained even  in  the  direction  of  maxi- 
mum illumination.  The  former  arc 
lamps  taking  about  9.5  to  10  amperes, 
and  450  to  480  Zijatts,  the  latter  6.5  to 
7  amperes  and  325  to  350  watts. 
Their  actual  maximum  intensities  are, 
respectively,  about  1,200  candle-power 
and  700  candle-pozver,  located  at 
about  45  degrees  below  the  horizontal 
plane.  Reduced  to  mean  spherical 
measures  their  ordinary  intensities 
are  about  600  and  300  candle-power 
respectively.  In  the  horizontal  plane 
these  intensities  fall  to  about  350 
candle-power  and  200  candle-power." 

Now  beside  that  chapter  on  ex- 
terior illumination,  and  the  one  on 
arc  lamps  already  in  ez'idence  and 
before  the  Board,  I  ivill  refer  to  the 
chapter  on  Standards  of  Light,  at 
poge  335,  and  will  read  from  that 
page: 

"The  rivalry  between  makers  of  arc 
lamps  did  not  tend  to  depreciationof 
their  intensity,  and  so  it  came  about 
that   an   open   arc   taking  about  450 


278 


REBUTTAL— BELL. 


watts  was  rated  at  2,000  candle- 
power,  while  a  similar  arc  of  about 
325  watts  was  rated  at  1,200  candle- 
power." 

These  are  intended  to  be  and  ob- 
viously are  to  any  one  reading  the 
book  the  same  things  which  are  re- 
ferred to  in  the  paragraph  on  page 
248.  /  don't  think  there  could  be  the 
slightest  hesitation  of  anyone  in  read- 
ing the  book  as  a  whole  in  coming  to 
that  conclusion. 

"While  it  is  possible  that  some  ex- 
perimenter at  an  especially  favorable 
moment  may  have  obtained  these  in- 
tensities in  a  single  direction,  it  is 
certain  that  the  ratings  were  very 
soon  regarded  as  merely  conven- 
tional." 

I  may  interpolate  that  that  was  the 
cause  of  the  difficulties  in  the  early 
state  of  the  art,  and  the  approximate 
cause  of  the  famous  N.  E.  L.  A. 
resolution  of  1894. 

"They  have  long  since  been  rele- 
gated to  the  category  of  merely  com- 
mercial designations,  the  rating  bear- 
ing no  more  precise  relation  to  the 
thing  than  does  the  term  "best"  as 
applied  to  flour  or  other  commo- 
dities. 

When  an  individual  or  municipality 
contracts  for  a  2,000  candle-power 
arc  light,  the  thing  bought,  received, 
and  paid  for  is  an  arc  light  taking 
about  450  watts  of  electrical  energy, 
and  such  is  the  general  understanding 
of  the  term  as  interpreted  at  various 
times  by  the  courts.  There  is  not 
nor  has  there  ever  been,  in  commer- 
cial use  in  this  country,  or  elsewhere, 
an  arc  lighting  system  using  lamps 
actually  giving  anywhere  near  2,000 
candle-power,  either  as  maximum 
zonal  intensity  or  as  mean  spherical 
intensity." 

That,  I  think,  covers  the  citations 


which  bear  directly  on  this  question 
of  450  watts.  If  there  ivere  the 
slightest  doubt  in  my  mind,  or  in 
the  mind  of  this  Board,  about  the 
proper  connection  of  these  citations 
as  meaning  as  they  did,  and  as  they 
must  in  the  mind  of  anyone  care- 
fully reading  the  book,  I  would  state, 
as  an  additional  reason,  that  at  the 
time  this  book  was  written,  which 
was  in  the  summer  of  1901,  in  1898, 
and  in  1894,  ivhich  are  the  three  dates 
zvhich  are  here  to  be  considered,  the 
only  thing  which  was  ever  knoivn  in 
the  art  as  a  2,000  candle-pozver  lamp, 
and  so  generally  understood,  was 
the  open  direct  current  arc,  taking 
about  9.6  amperes  and  450  zmtts;  as 
one  of  the  instigators  of  the  4So-ivatt 
definition,  I  think  I  am  justified  in 
saying  it  ivithout  ,  being  misunder- 
stood. The  2,000  candle-power  light, 
as  I  have  stated,  was  in  1894  and 
1898,  and  clear  up  to  the  date  of  this 
book,  the  only  particular  thing  which 
zvas  commonly  used  in  street  light- 
ing, and  which  was  commonly  under- 
stood as  being  the  thing  referred  to 
zi'henever  a  2,000  candle-pozver  arc 
light  was  mentioned. 

It  is  perfectly  true  that  since  the 
publication  of  this  book,  and  in  some 
increasing  degree,  the  ratings  which 
zvould  apply  in  candle-power  have 
been  loosely  transferred  to  other 
types  of  lamp  than  this  open  arc. 
That  was  not  true,  however,  in  1901 
or  1902,  at  the  time  the  book  was 
issued.  The  book  zvas  written  in  the 
summer  of  1901,  and  published  under 
date  of  1902.  At  this  time  the  change 
zvas  becoming  more  or  less  rapid  to- 
zvard  the  use  of  the  alternating  arcs. 

As  more  and  more  of  the  new 
systeins  come  into  use,  people  get 
a  little  careless  in  their  ratings,  and 
especially  they  do  not  rate  the  new 


REBUTTAL— BULL. 


279 


type  of  lamps  at  any  given  candle- 
pozcer  at  all.  They  follow,  very  prop- 
erly and  Zi'isely,  the  procedure  which 
had  been  brought  to  bear  by  the 
National  Electric  Light  Association, 
and,  I  think,  by  all  those  that  have 
had  the  interest  of  the  art  at  heart, 
to  get  away  from  a  purely  candle- 
power  rating;  but  they  did  not  rate 
at  that  time  and  do  not  rate  now  in 
tvatts,  so  far  as  I  know,  in  commer- 
cial series  street  arc  lighting  sys- 
tems. The  thing  sold  in  modern  con- 
tracts is  service  of  a  particular  thing; 
and  to  put  my  position  absolutely  on 
record  in  that  regard,  I  will  read  my 
judgment  of  the  matter  at  the  date 
of  this  book,  which  I  have  not  seen 
any  reason  to  change  since.  Page 
269: 

''Contracts  for  arc  lighting  should 
never  be  draivn  on  the  basis  of  a 
nominal  candle-poiver.  They  should 
clearly  specify  the  kind  of  arc  to  be 
installed,  the  amount  of  energy  to 
be  taken  in  each  arc,  and  the  kind 
of  shades  to  be  used.  The  nature 
of  the  fixtures  should  be  specifically 
designated,  whether  pole  tops,  brack- 
ets, mast  arms,  or  cross  suspensions. 
These  and  the  location  of  the  lamps 
should  be  designated  by  some  one 
familiar  with  practical  street  light- 
ing, follotving  the  general  line  of  the 
data  which  have  here  been  given. 
The  hours  of  lighting  should  be  dis- 
tinctly stated,  with  rebates  for  fail- 
ure to  provide  continuous  light  with- 
in these  hours." 

It  is  perfectly  true  that  some  sta- 
tions, particularly  large  Edison  sta- 
tions, supply  commercial  arc  lamps 
on  a  special  arrangement  of  wattage, 
but  in  every  case  the  nature  of  the 
lamps  is  understood  betiveen  the  cus- 
tomer and  the  seller. 

As  regards  the  citations  made  from 


this  zvork  ZQith  respect  to  intrinsic 
brilliancy,  and  general  desirability  of 
diffusion,  and  so  on,  I  have  no  quar- 
rel to  make.  I  would  merely  ask 
the  Board,  in  considering  the  bearing 
of  any  of  these  statements,  to  simply 
read  through  carefully  the  statements 
made. 

Now,  to  further  clear  up  the  fact 
which  I  mentioned  concerning  the 
rating  of  these  modern  arcs;  at 
times  the  6.6  alternating  lamps  are 
now — within  the  last  few  years — 
rated  for  popular  consumption,  so  to 
speak,  at  2,000  candle-power,  although 
the  contracts  on  these  very  lamps 
are  stated  in  watts,  and  kind  and 
amount  of  current  specified,  but 
never  in  watts  alone. 

I  can  hardly  shozv  that  point  better 
than  by  reference  to  Exhibit  K  in 
this  case,  which  purports  to  be  a  par- 
tial list  of  stations  where  6.6  ampere 
series  alternating  lamps  have  been 
used,  and  have  successfully  replaced 
the  9.6  ampere  open  arcs  supplied  on 
2,000  candle-power. 

Reports  based  on  affidavits,  as  I 
found  them  in  the  office  of  the  Mas- 
sachusetts Gas  and  Electric  Light 
Commissioners,  show  that  in  Brock- 
ton these  lamps  are  rated  as  1,200 
candle-power. 

The  next  city  cited  in  the  list  is 
Cambridge,  Massachusetts.  In  that 
city,  to  my  knowledge,  some  few 
years  ago  the  change  referred  to 
was  made,  and  in  its  sworn  reports 
Cambridge  rates  its  lamps  as  6.6  am- 
pere;  not  as  2,000  candle-power. 

In  the  city  of  Chelsea,  the  change 
zvas  made  from  6.6  ampere  open 
arcs,  and  not  from  the  full  arcs  of 
2,000  candle-power.  That  change 
was  made  at  the  instance  of  the  city 
itself,  changing  from  r,20O  candle- 
power  to  this  enclosed  light.    I  think 


280 


REBUTTAL— BULL. 


they  were  wise  in  doing  so;  but  in 
later  years  that  lamp  has  appeared 
under  the  guise  of  a  so-called  2,000 
candle-poiver  light.  There  you  have 
the  same  lamp  rated  both  ways;  the 
old  rating  as  1,200  candle-power  has 
been  changed  deliberately  to  a  nom- 
inal 2,000  candle-pozver. 

Holyoke,  Massachusetts,  which 
rates  its  light  in  amperes  only,  is  a 
municipal  plant,  consequently  con- 
tracts do  not  exist. 

In  Lowell,  Massachusetts,  the 
change  was  made,  but  the  lamp  in- 
stalled there  was  the  "jYz  ampere  A. 
C.  lamp,  although  it  is  not  so  stated 
in  the  Exhibit;  and  this  is  rated  as 
a  2,000   candle-power   light. 

Salem  Electric  Lighting  Company 
rates  its  lamps  in  amperes  only. 

Taunton,  Massachusetts,  is  a  mu- 
nicipal plant,  and  in  its  sworn  state- 
ments holds  its  lamps  at  1,200  candle- 
power. 

I  may  say  that  each  and  every 
one  of  the  Massachusetts  cities  cited, 
either  has  a  different  rating  from  that 
given  in  the  Exhibit  K  or  simply 
rates  its  lamp  as  6.6  amperes. 

I  want  to  refer  to  one  other  city, 
Toledo,  Ohio,  Railways  &  Lighting 
Company,  is  cited  as  one  of  the  cities 
where  the  change  has  been  success- 
fully made.  There  happens  to  be  in 
the  proceedings  of  the  National  Elec- 
tric Light  Association  of  May,  1904, 
27th  convention,  Volume  2,  page  309, 
a  statement  direct  from  the  company 
thus  cited,  appearing  in  the  ques- 
tion box  of  that  convention : 

"No.  9.  When  it  is  proposed  to 
change  from  9.6  ampere  open  street 
arcs  to  the  alternating  current  en- 
closed system,  is  it  commercially  ad- 
visable to  offer  the  6.6  ampere  or  the 
7.5  ampere  lamps  f" 

J   emphasise   these   words   because 


categorical  information  regards  illu- 
mination was  asked  for,  and  this  is 
the  answer  which  the  Toledo  Rail- 
ways &  Light  Company  put  in,  the 
signature  being  apparently  that  of 
the  company : 

"Our  experience  is  that  illuminat- 
ing pozver  of  6.6  ampere  enclosed 
arcs  is  not  equal  to  a  9.6  ampere  open 
arc.  Would  suggest  a  7.5  ampere 
lamp  if  equal  illumination  is  desired." 

That  throws  light  on  still  another 
of  these  cities.  At  the  same  time, 
on  the  previous  page,  and  the  same 
page,  under  No.  9,  a  number  of  other 
replies  to  this  question  came  in,  all 
substantially  to  the  same  effect. 

I  need  only  say  in  concluding  that 
the  enclosed  arcs  which  have  been 
referred  to  in  testimony  in  this  case 
as  existing  prior  to  1898  were  almost 
exclusively  constant  potential  direct 
current  arcs.  We  had  yesterday  tes- 
timony from  a  distant  witness  to 
the  effect  that  in  1898  there  were  a 
great  many  enclosed  arcs  in  use.  It 
was  immediately  pointed  out  that 
those  were  D.  C.  enclosed  arcs,  con- 
stant potential. 

Examining  this  Exhibit  "I,"  it  is 
very  clear  that  there  were  enclosed 
arcs  in  use  prior  to  1898,  but  those 
arcs  were  of  the  kind  that  I  have 
stated. 

There  is  one  thing  further  I  would 
mention,  and  th.tt  is  that  a  number 
of  the  statements  made  in  my  book 
you  zt'ill  please  consider  as  based 
upon  the  then  existing  information 
regarding  the  details  of  performance 
of  these  various  arcs:  some  of  it 
being  derived  from  commercial  ex- 
perience Zi'hich  I  thought  then  to  be 
reasonably  sound,  but  which  I  should 
hesitate  nozv  to  take  at  its  face  value. 

Q.     Some   evidence    was   given    on 


REBUTTAL— BELL. 


281 


behalf  of  the  defendant  that  light 
was  not  sold  for  light  on  a  candle- 
power  basis.  Will  you  please  state 
what  you  mean  in  regard  to  light 
sold  as  such? 

A.  For  many  years  the  customary 
way  of  selling  electric  light  supplied 
through  so-called  16  candle-power  in- 
candescent lamps,  was  by  the  lamp 
hour.  Even  after  the  introduction 
of  meters  it  was  not  unheard  of 
to  find  a  company  actually  measuring 
the  current  and  supplying  it  to  the 
customer  on  the  basis  of  lamp  hours. 
The  lamp  hour  basis,  flat  rate  con- 
tract so-called,  is  a  common  contract 
even  nozv. 

Cross-examination  by  Mr.  Schuy- 
ler. 

Q.  Since  the  resolution  of  1894, 
when  this  standard  2,000  candle- 
power  was  defined  to  be  a  certain 
number  of  watts,  however  we  may 
define  the  lamps  to  which  it  applies, 
the  selling  of  electric  light  has  been 
on  the  basis  of  current  delivered, 
hasn't  it;  that  is,  watts? 

A.  No,  sir,  it  has  been,  as  I  have 
plainly  stated  in  this  case,  and  repeat 
now,  the  sale  of  a  particular  thing 
furnished  to  the  city,  with  specified 
service;  and  while  it  is  perfectly  true 
that  the  watts  at  the  lamp  have  been 
part  of  the  description  in  many  cases, 
there  were  many  candle-power  con- 
tracts like  this  one  in  use  long  after 
that  date;  the  wattage  is  only  one 
element  of  the  description,  and  it 
has  been  in  recent  contracts  specifi- 
cally understood  zvhat  current  was 
to  be  furnished,  and  zvhat  service 
was  to  be  given. 

Q.  So  far  as  the  purpose  of 
charge  was  concerned,  watts  were  the 


specific  thing  upon  which  the  charge 
was  based? 

A.  It  certainly  zvas  not.  The  thing 
which  was  sold  was  the  service 
through  a  particular  lamp,  with  a 
specified  number  of  watts  which 
should  be  furnished  in  that  lamp,  so 
as  to  hold  the  company  up  to  its 
mark. 

Q.  Do  you  know  of  a  single  in- 
stance where  light  was  sold  as  light, 
and  the  measurements  of  it  for  the 
purpose  of  predicating  the  charge 
was    candle-power  ? 

A.  The  sale  of  light  as  light  was 
known  in  the  incandescent  lighting 
field;  it  was  a  familiar  thing;  but  as 
regards  arc  lights,  in  later  years,  I 
will  say  such  measurement  has  de- 
creased. 

Q.  Do  you  know  of  any  instance 
where  arc  lighting  has  been  sold  as 
light,  since  1894? 

A.  If  you  mean  for  regular  city 
service  on  the  basis  of  a  guaranteed 
candle-power  delivered,  I  should  say 
no. 

Q.  Do  you  know  in  the  world's 
history,  of  any  arc  light  bill  ren- 
dered on  the  basis  of  candle-power 
delivered  ? 

A.  Within  my  knowledge  of  the 
electric  lighting  art,  I  cannot  recall 
any  such  instance. 

Q.  Has  the  National  Electric 
Light  Association  resolution  ever 
been  changed  to  your  knowledge? 

A.  I  do  not  know  of  any  change 
that  has  been  made. 

Q.  I  am  not  quite  clear  as  to  your 
position  as  to  when  the  enclosed  arc 
lamp  did  come  into  use. 

A.     The    enclosed   arc   lamp,   as   a 


2^2 


REBUTTAL— BELL. 


direct  current,  constant  potential 
lamp,  came  in  about  1895,  and  it 
gradually  crept  into  more  and  more 
extended  use. 

As  regards  the  constant  current 
series  enclosed  arc,  the  first  lamps 
that  I  have  been  able  to  discover 
went  into  use  in  the  city  of  Boston, 
in  the  latter  part,  I  think,  of  1897; 
they  had  been  in  tentative  use  by  Mr. 
Gilbert,  manager  of  the  Boston  Elec- 
tric  Light   Company,  for  possibly   a 


year  before.  I  think  they  had  a  few 
of  them  out  on  the  street  in  the 
very  last  days  of  i8g6;  the  change 
was  in  1897  or  1898.  As  regards  the 
alternating  enclosed  series  lamp,  here 
under  consideration,  that  lamp  was 
in  tentative  use  in  Hartford  in  the 
latter  part,  I  think,  of  1897,  and  it 
gradually  came  into  more  general  use 
during  the  years  1898  and  1890. 

Witness  excused. 


THEREUPON  THE  PLAINTIFF  FINALLY  RESTED  ITS  CASE. 


RnSUTTAL—RYAN. 


283 


MR.  W.  D'A.  RYAN,  being  re- 
called in  behalf  of  the  defendant  in 
rebuttal,  testified  as   follows,  to  wit : 

Examination  by  Mr.  Schuyler. 

Q.  In  regard  to  Dr.  Bell's  refer- 
ence to  your  candle-power  curves, 
do  they  take  into  consideration  the 
variation  due  to  the  fluctuating  of 
the  arc,  and  do  they  cover  the  time 
element  ? 

A.  The  main  point  in  regard  to 
the  time  element  hasn't  been  fully 
brought  out.  From  the  tests  that  I 
have  made,  I  think  it  is  fair  to  state 
that  a  ten  per  cent,  reduction,  for 
time  element,  on  enclosed  arcs,  is 
quite  proper,  and  33  1-3  per  cent,  for 
open  arcs;  so  if  it  is  a  question  of 
testifying  to  the  mean  spherical  or 
loiver  hemispherical  candle-power,  it 
is  quite  proper  that  that  time  element 
should  be  considered.  If  the  max- 
itnuin  is  considered,  I  cannot  give 
you  the  time  element,  because  it  is 
so  great;  but  it  is  fair  for  the  mean 
spherical  or  lower  hemispherical,  to 
take  a  33  1-3  per  cent,  reduction  for 
the  open  arc,  covering  that  time  pe- 
riod, and  a  10  per  cent,  reduction  for 
the  enclosed;  that  is,  in  taking  into 
consideration  the  extreme  variations 
of  light  which  take  place  with  the 
mechanical  conditions  of  both  lamps 
in  good  shape. 

Now,  in  regard  to  the  curve  in 
Exhibit  "B",  it  is  true,  as  the  Doctor 
states,  that  the  curve  may  be  mis- 
leading, but  it  is  an  average  max- 
imum curve  and  it  is  so  stated;  at 
that  time  zee  took  the  extreme  aver- 
age maximum :  just  the  highest  read- 
ings that  zi'e  could  get.  I  have  stated 
that  this  is  not  good  practice,  where 


actual  candle-pozcer  is  desired;  these 
curves  should  show  ivhat  we  get  at 
the  low  state  as  well  as  the  high,  and 
I  have  shoivn  in  the  next  page  the 
explanation  of  this  curve. 

In  reference  to  the  list  of  cen- 
tral stations,  Exhibit  "I",  I  may  state 
that  I  obtained  that  from  our  com- 
mercial department  in  good  faith.  I 
asked  them  to  give  me  a  list  of  the 
stations  where  the  6.6  alternating  en- 
closed arc  had  replaced  the  so-called 
standard  9.6  lamp.  This  was  the  list 
presented,  and  I  am  very  sure  it 
was  given  to  me  without  any  inten- 
tion of  it  being  used  in  testifying 
by  me  or  anybody  else;  I  don't  think 
they  knezv  zvhat  I  wanted  it  for  at 
that  time. 

The  Doctor  made  the  statement 
that  the  6.6  ampere  lamps  were  used 
to  replace  others,  but  that  a  greater 
number  of  lamps  were  used,  the 
lamps  being  placed  closer  together. 
As  a  matter  of  fact,  in  nine  cases 
out  of  ten  you  put  one  on  each  cor- 
ner, and  if  you  can  afford  it  you 
put  one  in  the  center;  but  of  the 
thousand  cities  using  the  6.6  ampere, 
they  seem  to  use  the  same  spacing. 

Cross-examination  by  Mr.  Rob- 
inson. 

Q.  Were  your  curves  made  by  the 
double-mirror  method? 

A.  No,  sir,  they  were  made  by 
a  better  method.  Fifty  readings,  as 
mentioned  by  Professor  Matthezvs, 
are  not  sufficient;  we  take  a  few  in 
order  to  see  if  things  are  running 
smoothly,  then  we  take  500  readings 
on  a  point;  that  is  the  zvay  zve  make 
our   tests. 

Q.     Do  you  know  of  any  instance 


284 


REBUTTAL— RYAN. 


where  a  6.6  ampere  alternating  cur- 
rent enclosed  series  lamp  has  been 
substituted  in  a  contract  which  called 
for  a  9.6  D.  C.  open  arc  lamp,  at  the 
same  price? 

A.     I  am  not  posted  on  prices. 


Q.  You  travel  over  the  country, 
and  have  a  large  knowledge  of  these 
things,  don't  you? 

A.  I  cannot  recall  a  case  of  that 
kind,  just  now. 

Witness  excused. 


THEREUPON  THE  DEFENDANT  FINALLY  RESTED  ITS  CASE. 
BOARD  ADJOURNED. 


SUMMING   UP— ROBINSON.  285 


THE  BOARD  MET,  PURSUANT  TO  ADJOURNMENT, 
AT  3  P.  M.,  FEBRUARY  8,  1907. 

Thereupon  the  attorneys  for  the  plaintiff  and  defendant  respectively 
argued  the  case  in  behalf  of  the  parties  as  follows: 

INITIAL   SUMMING   UP   AND   ARGUMENT   FOR  THE 

PLAINTIFF 

By 

MR.  W.  C.  ROBINSON. 

May  it  Please  the  Board: 

It  is  probably  a  new  experience  to  most  of  us  to  try  a  case  of  this 
kind.  I  deem  it  would  be  rather  a  waste  of  your  time,  to  say  nothing 
of  my  own,  if  I  attempted  to  explain  many  of  the  very  intricate  features 
that  have  been  brought  out  in  the  testimony  of  the  witnesses,  for  I 
am  confident  that  you  have  all  understood  it  as  they  went  along,  much 
better  than  I  understood  it  myself.  Owing  to  the  brief  time  that  was 
given  to  us  for  preparation  of  our  closing  argument,  and  the  lack  of 
knowledge  of  details  in  many  of  these  matters,  I  want  to  say  that 
in  the  argument  of  the  evidence  I  expect  to  go  but  little  into  the  details, 
and  that  where  I  omit  matters  which  may  be  really  important,  I  don't 
want  the  Board  to  think  because  I  have  omitted  reference  to  them,  that 
I  have  therefore  intended  to  neglect  them  or  ignore  them,  or  that  I 
consider  them  as  of  no  weight.  My  omissions  must  not  be  taken  as 
confessions.  In  the  Article  of  Agreement,  we  attempted  to  put  in  a  lim- 
itation concerning  objections  to  evidence  that  counsel  for  both  sides 
thought  would  be  of  benefit  to  the  Board,  and  would  hasten  the  trial  of 
this  case.  We  have  found  in  actual  practice  that  it  did  not  aid  you,  but 
rather,  perhaps  hindered  you,  possibly  annoyed  you  a  little  sometimes, 
but  it  was  our  intention  to  aid  and  not  to  hinder  the  Board. 

I  shall  take  up  first,  and  very  briefly,  the  actual  wording  of  the 
Jackson  Ordinance.  In  this  connection  I  want  to  call  your  attention  to 
the  language  of  the  lighting  contracts  that  the  City  had  both  prior  to 
the  passage  of  the  Jackson  Ordinance,  and  subsequent  to  the  passage 
of  that  Ordinance,  and  also  to  the  beginning  of  operations  under  it, 
because  the  terms  used  in  those  contracts  may  aid  you  in  finding  the 
true  meaning  of  the  terms  used  in  the  Jackson  Ordinance.  I  will  read 
just  a  paragraph  from  the  fourth  section  of  a  contract  dated  April  7th, 
1890,  Exhibit  No.  21 : 

"And  the  party  of  the  first  part"— that  is  the  Company — "further 
covenants  and  agrees  that  it  will  furnish  the  party  of  the  second  part, 
whenever  so  required,  with  not  less  than  forty  arc  lights,  of  what  is 
commonly  known  as  2,000  candle-power  each,  for  lighting  the  streets 
of  the  city  for  not  more  than  $125.00  per  annum  for  each  arc  light,  etc." 

I  call  attention  to  the  words  of  this  description:  "arc  lights  of  what 
is  commonly  known  as  2,000  candle-power."  The  terms  "candle-power," 
"arc  lights"  and  "commonly  known  as  2.000  candle-power." 


286  SUMMING  UP— ROBINSON. 

Then  from  a  contract  dated  April  ist,  1899,  Exhibit  No.  22,  part  of 
the  second  paragraph  of  the  instrument:  "Such  light  to  be  furnished 
through  electric  lamps,  which  are  commercially  known  as  arc  lamps 
of  2.000  candle-power." 

Calling  attention  further  to  the  use  of  the  terms:  "lamps  which  are 
commercially  known  as  arc  lamps  of  2,000  candle-power  each." 

Now  I  refer  to  the  Ordinance  that  is  involved  in  this  controversy.  All 
of  it  taken  together,  gives  light  upon  the  Section  9  which  is  directly  in- 
volved. And  I  might  say,  following  out  a  well-known  rule  of  law,  that  no 
part  of  a  statute  is  to  be  construed  alone;  rather  all  parts  of  a  statute  are 
to  be  considered  when  construing  any  particular  part  of  it. 

I  will  turn  to  Section  9,  and  read,  and  we  will  bear  in  mind  the  con- 
ditions shown  in  the  whole  contract,  that  Jackson  was  a  contractor, 
constructing  a  tunnel  through  the  mountains  for  the  City's  water  system, 
and  that  neither  party  was  an  electrician. 

"Sec.  9.  The  said  George  W.  Jackson,  his  associates  or  assigns,  shall 
within  one  year  after  the  completion  of  the  Strickler  tunnel  and  during 
the  remainder  of  the  term  of  this  grant,  furnish  to  the  City  of  Colorado 
Springs  such  arc  lights  of  standard  2,000  candle-power  each,  as  may  be 
required  by  said  city  for  the  purpose  of  lighting  its  streets,  alleys  and 
public  grounds,  at  the  rate  of  five  dollars  and  fifty  cents  per  light  per 
month,  said  lights  to  be  used  from  sunset  to  sunrise  during  each  and 
every  day  of  each  and  every  month;  also,  free  of  cost,  such  arc  and  in- 
candescent lights  as  may  be  required  by  the  said  city  for  the  lighting  of 
the  buildings  belonging  to  the  said  city  not  exceeding  five  arc  lights  of 
2.000  candle-power  each,  and  200  incandescent  lights  of  16  candle-power 
each,  or  the  equivalent;  also,  free  of  cost,  such  electrical  power,  to  be 
delivered  at  such  points  in  the  City  of  Colorado  Springs  as  the  said 
city  may  specify,  as  may  be  necessary  for  use  by  said  city  for  municipal 
purposes,  said  power  not  to  exceed  fifty  horse-power,  etc." 

If  you  will  examine  Exhibit  No.  25.  which  is  the  original  Ordinance 
as  passed  by  the  City  Council,  you  will  note  the  changes  that  were  made 
in  Section  9.  You  will  see  that  the  Ordinance  was  in  typewriting,  and 
beginning  with  the  third  word  in  the  fourth  line  it  was  originally  written, 
"such  arc  lights,  2,000  candle-power  each,  as  commercially  known,  as 
may  be  required,  etc.,  etc."  You  will  see  that  the  words  "as  commer- 
cially known"  were  erased,  and  that  the  words  "of  standard"  were  added 
in  ink  before  the  figures  2,000.  It  is  clear  from  the  notations  on  the 
margin  that  these  changes  were  made  during  the  consideration  of  the 
Ordinance,  so  it  seems  that  before  passing  the  Ordinance  the  City  Coun- 
cil deliberately  changed  the  phraseology  from  "such  arc  lights,  2,000 
candle-power  each,  as  commercially  known,  as  may  be  required,  etc., 
etc.,"  so  as  to  read  "such  arc  lights,  of  standard  2.000  candle-power  each, 
as  may  be  required,  etc.,  etc."  It  can  not  be  doubted  that  these  changes 
are  material  and  we  must  assume  that  the  City  Council  had  some  pur- 
pose in  making  them.  It  will  be  noticed  that  the  phrase  "as  commer- 
cially known"  was  used  in  a  former  light  contract,  held  by  the  City, 
to  describe  the  character  of  the  lights  to  be  furnished  and  the  evidence 


SUMMING  UP— ROBINSON.  287 

showed  that  there  had  been  some  discussion  as  to  whether  or  not  those 
lights  fulfilled  that  contract.  In  the  other  light  contract  to  which  I 
have  referred,  the  phrase  used  to  desginate  the  character  of  the  light 
was  "commonly  known  as  2,000  candle-power." 

I  know  not  what  view  you  may  take  of  this  point,  but  in  my  mind 
there  is  no  doubt  that  the  City  Council  intended  by  these  changes  to 
more  clearly  and  definitely  describe  the  character  of  the  lights  to  be 
received  by  the  City,  and  I  believe  that  the  language  means,  and  that  we 
are  justified  in  claiming,  lights  of  2,000  actual  candle-power,  or,  in 
other  words,  lights  of  the  power  of  2,000  standard  candles.  The  Ordi- 
nance was  first  written  without  the  words  "of  standard,"  and  those 
words  were  added;  it  was  first  written  with  the  words  "as  commercially 
known,"  and  those  words  were  erased.  If  the  purpose  of  these  changes 
was  not  what  I  have  indicated,  then  I  hope  counsel  will  explain  to  you 
the  purpose  which  the  City  Council  had  in  making  them. 

A  little  further  down,  where  Mr.  Jackson  agreed  to  furnish  some 
lights  for  the  city  building,  they  were  described  as  arc  lights  of  2,000 
candle-power  each.     There  is  no  qualifying  word  in  that  at  all. 

I  now  want  to  discuss  the  distinction  between  light  and  power, — a 
feature  that  has  continually  been  brought  out  by  the  defendant.  After 
describing  the  lights  that  are  to  be  furnished  for  the  streets  and  the 
buildings,  the  Ordinance  says,  "also  free  of  cost  such  electric  power." 
You  will  notice  that  heretofore  it  had  been  "lights"  all  the  time.  Now 
they  begin  using  the  word  "power";  "also  free  of  cost  such  electric 
power,  to  be  delivered  at  such  points  in  the  City  of  Colorado  Springs 
as  the  said  City  may  specify,  as  may  be  necessary  for  use  by  said  City 
for  municipal  purposes,  said  power  not  to  exceed  fifty  horse-power." 

Now  you  will  notice  that  they  have  divided  that  contract  into  two 
parts.  One  part  of  it  is  for  lighting,  and  the  other  is  for  power.  It  seems 
to  me  that  this  division  is  significant,  and  it  does  show  that  this  City 
was  contracting,  in  that  part  of  it,  for  light,  and  I  insist  that  it  was 
"light"  that  this  City  was  buying,  and  that  this  "light"  was  to  be  meas- 
ured in  "candle-power." 

Now.  taking  up  this  Ordinance  again,  if  you  do  not  agree  with  me 
that  it  required  2,000  candle-power  actually,  then  it  seems  to  me  that 
you  must  agree  with  me  that  that  ordinance  required  a  first-class  service. 
Perhaps  I  would  be  justified  in  calling  it  a  gilt-edged  service.  If  not 
what  the  words  say  in  English,  then  what  the  art  knew  as  its  best.  I 
don't  mean  extraordinary,  practically  impossible,  but  what  the  lighting 
art  knew  as   its  best  service. 

Now,  it  seems  to  me  that  that  cannot  be  avoided.  That  City  and 
that  contractor,  it  seems  to  me,  must  have  both  understood  that  a  high- 
class  lighting  service  was  required,  and  was  promised  to  be  delivered. 

By  reading  the  contract  as  a  whole  you  have  found  what  it  was  or 
had  been  the  evident  intent  that  the  City  should  receive  in  the  way  of 
the  lighting  of  its  streets,  for  a  period  of  twenty-five  years,  and  that 
then  there  should  revert  to  the  city  a  lighting  plant,  which  would  belong 
to  it.     And  you  have  it  in  evidence  before  you  that  there  is  not  a  wire, 


288  SUMMING   VP-ROBIXSOX. 

not  a  lamp,  not  a  pole,  not  a  dollar's  worth  of  property,  that  has  ever 
been  placed  under  that  contract  where  it  will  ever  revert  to  this  City; 
that  the  plant  that  was  used  to  generate  the  power  that  was  described 
in  there,  is  upon  land  owned  by  the  Company  and  is  under  a  heavy 
mortgage,  while  all  of  the  poles,  wires,  lamps  and  other  apparatus 
used  to  distribute  current  and  create  light  belong  to  another  corporation; 
and  that  outside  of  the  lights  for  this  building  and  these  street  lights, 
at  $5.50  per  month,  of  whatever  character  they  are,  that  those  are  the 
only  things  that  this  City  has  obtained  for  the  use  of  its  water-power 
for  twenty-five  years,  and  all  that  it  is  likely  to  ever  receive;  a  contract 
that  in  my  judgment  to-day  could  be  sold  for  $250,000.  As  to  harshness, 
in  my  judgment  the  liberality  of  it,  and  the  value  of  it,  is  nowhere  else 
equaled  in  all  the  West.  Instead  of  being  a  harsh  one,  even  if  construed 
as  we  have  construed  it,  it  is  one  of  extraordinary  liberality.  Even  with- 
out what  is  in  it  to-day,  it  is  in  evidence  before  you  by  Mr.  Rouse  that 
the  City  gave  to  Mr.  Jackson  a  present  of  $10,000  on  the  same  transaction. 
I  want  now  to  consider  for  a  moment  the  real  effective  clause  in  the 
Arbitration  Agreement;  I  will  read  the  last  sentence  of  paragraph  A  of 
"First": 

"Or,  in  case  said  computation  should  prove  not  to  be  exact,  the  money 
claimed  so  submitted  to  arbitration  is  for  the  difference  between  the 
amount  which  the  City  should  have  paid  for  the  street  lights  furnished 
during  the  period  in  question,  and  the  amount  which  the  City  did  pay, 
said  claim  to  be  determined  by  the  difference  in  candle-power  between 
the  lights  so  furnished  and  the  lights  required  by  said  Section  9  of  the 
ordinance." 

Pardon  me  if  I  read  part  of  that  again,  and  call  attention  to  the  terms 
light  and  power: 

"Said  claim  to  be  determined  by  the  difference  in  candle-power  be- 
tween the  lights  so  furnished  and  the  lights  required  by  said  Section  9 
of  the  ordinance." 

In  that  I  submit  there  is  not  a  reference  by  inference,  intimation,  or 
any  other  way,  that  this  City  was  buying  anything  but  light,  and  espe- 
cially do  I  claim  that  the  Board  is  required  to  base  its  award  upon  the 
difference  in  candle-power,  and  not  upon  the  difference  in  watts,  nor — 
and  I  use  this  term  with  some  little  limitation — nor  upon  the  difference 
in  illumination.  The  ordinance  said  lights  and  candle-power;  the  arbi- 
tration contract  says  lights  and  candle-power;  and  our  claim  is  to  be 
determined  by  the  difference  in  candle-power  between  the  lights  so  fur- 
nished and  the  lights  required  by  Section  9  of  that  ordinance. 

Now,  what  are  the  lights  required  by  Section  9?  If  your  Honors 
do  not  agree  with  my  claim  that  we  are  entitled  to  lights  of  2,000  actual 
candle-power,  but  do  agree  with  my  claim  that  we  are  entitled  to  a  first- 
class  light,  let  us  construe  the  words  of  this  section  by  their  meaning 
at  the  time  they  were  used  in  1898  and  we  find  from  the  evidence  that 


SUMMING   UP— ROBINSON.  289 

we  are  entitled  to  the  light  that  would  come  from  a  9.6  ampere,  direct 
current,  open  arc  lamp,  operated  in  a  proper  condition  and  in  a  proper 
manner. 

Then  if  we  are  entitled  to  that  light,  what  is  that  light,  measured,  not 
in  watts,  but  as  the  contract  says,  in  candle-power.  Fortunately,  there 
is  not  much  disagreement  between  the  most  skilful  and  learned  witnesses 
that  have  appeared  on  both  sides  of  this  case,  and  the  evidence  of  the 
defense  says  that  it  is  1,250  candle-power.  That  is  one  value  about 
which  I  am  sure  there  will  be  no  quarrel  on  our  side. 

Now  I  will  read  just  a  little  more  than  Mr.  Ryan  read  from  his  paper. 
Exhibit  B,  beginning  on  page  i: 

"The  source  from  which  we  receive  our  daylight,  namely,  the  sun,  is 
at  an  enormously  high  temperature.  Any  artificial  source,  to  produce  a 
white  light  of  the  same  relative  effectiveness,  should  also  be  at  a  very 
high  temperature.  It  is  a  well  known  fact  that  the  temperature  at  the 
crater  of  an  electric  arc  is  much  nearer  the  sun's  temperature  than  any 
other  artificial  heat. 

"In  the  case  of  ordinary  candles  or  gas  flames,  the  temperature  is 
comparatively  low  and  the  percentage  of  short  waves  is  too  small  in 
proportion  to  the  long  waves.  We  therefore  get  a  predominance  of  red, 
yellow  or  green. 

"Colored  objects,  when  viewed  under  such  lights,  suffer  greatly  in 
comparison  to  their  daylight  appearance. 

"The  spectrum  of  the  arc  very  closely  approximates  that  of  the  sun, 
hence  its  superiority  in  quality  over  other  artificial  illuminants. 

"It  is  also  a  well  established  fact  that  the  higher  the  temperature  of 
the  source,  the  greater  the  efficiency  of  the  illuminant.  In  this  respect 
the  electric  arc  excels  all  other  commercial  lights." 

Then  comes  the  discussion  on  "Law  of  Radiation,"  and  a  little  later 
the  "Photometric  tests  of  Arc  Lights,"  from  which  I  will  re-read  part  of 
that  quoted  by  Mr.   Ryan: 

"There  are  many  ways  of  expressing  the  candle-power  of  an  arc  lamp. 

"Some  take  the  average  of  the  light  thrown  in  all  directions,  namely, 
mean  spherical;  others  the  average  of  the  light  in  the  lower  hemisphere, 
or  over  a  selected  number  of  degrees,  such  for  example,  as  from  the  hori- 
zontal to  60°  below.  Then  again,  we  may  use  the  average  of  the  max- 
imum readings,  but  the  usual  way  to  refer  to  the  candle-power  of  an 
arc  lamp  is  by  its  maximum,  notwithstanding  that  this  actually  means 
less,  as  far  as  the  value  of  light  is  concerned,  than  any  other  comparison 
which  might  be  employed. 

"Of  course,  it  is  well  known  that  the  so-called  2,000  candle-power 
direct  current  open  arc  lamp,  taking  about  10  amperes  at  48  volts,  does 
not  give  the  candle-power  at  which  it  is  "nominally"  rated.  It  is  pos- 
sible, however,  to  get  a  freak  reading  of  1,700  or  1,800  candle-power, 
when  the  crater  is  all  exposed  on  one  side  of  the  carbon,  but  the  average 
maximum  candle-power  is  about  1,250  at  an  angle  of  45°. 

"By  referring  to  the  candle-power  curves,  the  distribution  of  light 
from  an  enclosed  arc  lamp  will  be  readily  observed.  These  readings 
represent  the  average  maximum  of  the  different  lamps  equipped  commer- 
cially as  they  should  be  in  service,  that  is,  with  the  proper  globes,  re- 
flector, etc." 


290  SUMMING  UP— ROBINSON. 

Then  Mr.  Ryan  proceeds  with  a  description,  which  I  shall  not  read,  but 
I  specially  desire  to  call  your  attention  to  the  fact  that  he  gets  prac- 
tically the  same  light  curves,  which  he  frankly  acknowledges  as  his, 
shown  in  this  exhibit  that  the  City  has  produced  in  this  case 

Now,  in  this  article,  I  didn't  think  the  author  was  quite  fair  with  his 
public. 

There  are,  in  my  judgment,  but  two  light  sources  involved  here;  the 
light  from  the  9.6  D.  C.  open  arc,  and  the  light  from  the  lamps  which 
are  in  use  in  the  street,  the  6.6  A.  C.  series  enclosed  lamps.  No  one  can 
reasonably  deny  that  at  least  we  are  entitled  to  the  light  of  the  lamp  first 
described,  and  there  is  no  possible  doubt  but  what  the  light  that  we 
are  getting  is  being  furnished  by  the  6.6  A.  C.  enclosed  series  lamp. 

Now,  this  document  and  these  curves  were  put  in  evidence  by  the 
defendant,  and  referred  to  on  page  11  as  follows: 

"We  have  so  far  confined  our  attention  to  the  relative  merits  of  the 
direct  current  lamps  both  open  and  enclosed.  We  will  now  contrast 
the  two  enclosed  arc  lamps,  namely,  direct  current  and  alternating  cur- 
rent, each  consuming  approximately  the  same  watts  at  arc.  Referring 
to  candle-power  curves,  it  will  be  observed  that  the  direct  current  lamp 
gives  slightly  more  light  than  the  alternating." 

But  the  alternating  lamp  to  which  he  refers  is  the  7.5  ampere  and  not 
the  6.6  ampere,  and  the  curve  which  he  gives  is  not  that  of  our  alter- 
nating lamp  here,  but  the  7.5  ampere  alternating,  a  lal-ger  lamp,  which  is, 
as  in  evidence  before  you,  a  larger  and  a  better,  and  an  entirely  different 
proposition,  than  the  lamp  which  is  in  service  on  the  streets. 

We  have  from  Mr.  Ryan  the  statement  that  the  usual  way  to  measure 
the  candle-power  of  a  lamp  is  by  its  maximum,  while  the  curve  which 
we  have  given  you,  made  by  Professors  Shedd  and  Matthews,  is  not  a 
maximum  curve,  but  it  is  an  average  curve.  We  take  the  small  lobe  and 
the  large  one  at  the  same  time,  and  bind  them  together,  and  get  the 
average  of  the  two. 

Now  I  desire  to  run  briefly  over  how  our  various  tests  were  made. 
There  came  before  you  Professors  Shedd,  Matthews,  Streiby  and  Arm- 
strong; they  showed  you  with  what  painstaking  care  they  went  out  to 
make  these  tests;  how  they  were  requested,  but  not  employed  to  do  so  by 
the  City,  to  get  as  scientific  men  what  the  facts  were. 

They  showed  to  you  how  they  took  reading  after  reading,  the  great 
care  and  labor  they  used  in  making  these  tests,  and  have  brought  to 
you  the  results  of  their  tests.  Then  Professors  Shedd  and  Matthews 
took  the  results  of  these  tests  to  the  laboratory  of  Purdue  University, 
and  there  putting  the  lamps  in  the  condition  of  actual  service,  they  got 
for  you  what  may  be  called — and  I  use  the  term  without  exact  accuracy — 
a  measuring  stick  or  curve  by  which  to  measure  these  others.  It  seems 
to  me  that  it  would  have  been  impossible  for  the  City  to  have  done 
more  to  learn  what  the  conditions  actually  were. 

Now,  let  us  take  up  the  tests  made  by  the  other  side.     They  were 


SUMMING  UP— ROBINSON.  291 

made  by  employes  of  the  Colorado  Springs  Electric  Company,  in  day- 
time, with  the  current  turned  on  the  lamp  or  the  circuit  for  that  purpose, 
and  I  think  I  am  justified  in  saying  that  they  were  made  in  view  of  the 
controversy  between  the  Company  and  the  City,  and  without  impugning 
for  a  moment  the  good  faith  of  any  man  connected  with  that  test,  I 
submit  it  to  the  Board  to  say  whether  or  not  the  evidence  shows  that 
it  was  made  with  anything  like  the  painstaking  care  with  which  the 
other  tests  were  made,  or  that  it  was  made  by  men  who  possessed 
anything  like  the  degree  of  skill  and  experience  that  was  possessed  by 
these  gentlemen  of  national  reputation  who  made  the  tests  which  we 
have  brought  to  you. 

-  The  value  of  the  two  tests,  the  weight  of  that  testimony,  is  for  you, 
gentlemen,  to  determine. 

Now,  there  isn't  a  syllable  of  testimony  that  the  Pike's  Peak  Hydro- 
Electric  Company  tested  any  lamps,  or  owned  any  lamps,  or  anything 
else,  within  the  city.  The  evidence  came  from  tests  by  the  employes 
of  the  manufacturer  of  this  light  on  the  streets.  It  is  shown  by  the  con- 
tract that  the  Hydro  Company  sells  its  current  to  the  other  concern, 
and  the  other  concern  distributes  it  through  the  streets.  I  think  it  very 
much  a  question  in  your  minds  how  I  could  consider  any  testimony 
along  that  line  as  material.  The  tests  that  came  before  you  from  that 
side  of  the  fence  came  from  the  company  that  was  really  operating 
the  system,  and  which  is,  if  we  may  read  their  contract  correctly,  liable 
for  any  deficiency  in  it.  Therefore,  that  must  be  considered  in  weighing 
their  testimony,  for  a  court  or  a  jury  is  always  entitled  to  know  the 
interest  which  a  witness  may  have  in  the  subject  about  which  he  testifies. 

Now,  it  was  solemnly  stated  in  this  room  by  counsel  for  both  these 
companies  that  one  was  the  distributing  agent  of  the  other.  Let  me 
also  call  your  attention  to  Sections  2  and  3  of  the  contract.  Exhibit  No. 
48,  from  which  you  will  see  that  the  evidence  shows  that  these  tests 
come  from  a  source  that  has  an  interest  in  these  tests.  They  took  the 
tests  in  the  daytime,  turning  on  the  current  for  that  purpose.  The 
professors  took  their  tests  under  operating  conditions,  when  neither 
party  knew  that  they  were  to  be  taken.  How  utterly  senseless  it  would 
have  been  to  have  informed  the  Company  when  tests  were  to  be  made 
appears  from  the  evidence  in  that  when  making  their  tests  an  employe 
of  the  Colorado  Springs  Electric  Company  discovered  them,  and  went 
up  the  pole  and  adjusted  the  lamp;  and  you  saw  the  results  in  the  figures 
of  the  Exhibit  No.  26. 

Now,  there  can  not  be  a  more  suggestive  thing,  it  seems  to  me,  to 
this  Board  as  to  what  this  Company  had  been  doing,  than  the  curve 
Exhibit  M  25,  put  in  by  them,  claiming  to  show  the  watts  they  had 
been  using  in  these  lamps.  Note  the  great  variations  in  it,  and  how 
it  had  gone  up  in  a  very  marked  degree  about  the  time  that  these  tests 
were  all  made.  Also  how  they  are  boosting  that  lamp  beyond  the  point 
its  maker  claimed  it  should  be  run  at.  That  is  their  evidence,  and  it 
seems  to  me  it  isn't  possible  for  it  to  be  construed  otherwise  than  that 
they  were  aware  of  the  fact  that  they  were  not  fulfilling  the  contract, 


292  SUMMING  UP— ROBINSON. 

But  there  was  another  thing  that  I  wanted  to  discuss,  and  that  is  that 
question  of  watts.  As  I  understand  the  contention  of  these  gentlemen, 
it  is  that  if  they  put  450  watts,  average,  through  any  lamp,  that  they 
have  fulfilled  that  contract.  Now,  you  will  bear  in  mind  that  I  insist 
that  it  is  light  that  we  are  after,  not  watts;  the  ordinance  and  the  con- 
tracts ail  say  light,  and  candle-power;  light,  light,  all  the  time;  and 
then  they  distinguish  light  and  power.  Now,  gentlemen,  if  it  is  watts 
that  they  are  to  furnish, — for  they  admit  they  are  not  furnishing  the 
light, — if  it  is  watts  they  are  to  furnish,  then  suppose  they  put  450 
watts  through  a  lamp  that  gives  no  appreciable  amount  of  light,  then 
they  would  fulfill  their  contract. 

Now,  I  ask  you  the  question,  is  it  power  that  we  were  wanting  on 
these  streets,  or  is  it  the  light?  Suppose,  in  the  progress  of  this  won- 
derful art  in  the  next  few  years,  a  mechanism  would  be  discovered  where- 
by with  the  expenditure  of  200  watts  they  could  make  a  light  equal  to  that 
which  we  are  now  entitled  to,  do  you  suppose  that  we  could  force 
them  to  put  450  watts  through  their  new  mechanism?  If  they  fur- 
nished the  light,  couldn't  they  say,  "We  have  furnished  all  the  light  the 
contract  calls  for,  and  it  is  none  of  your  business  how  many  watts  it 
takes  to  do  it?"     Why,  most  certainly  they  could. 

But  if  their  theory  is  correct,  then  we  could  turn  that  thing  right 
around,  and  if  the  art  increases  as  it  has  done  in  the  past,  and  leads  to 
a  mechanism  that  gives  the  same  light  with  less  expenditure  of  energy, 
we  could  force  them  then  to  expend  that  energy,  without  regard  to  the 
light  it  furnished. 

Now,  on  the  resolution  of  1894! 

There  were  at  that  time,  I  believe,  about  2,000  electric  lighting  com- 
panies in  the  United  States.  Of  course,  there  were,  as  we  may  reasonably 
suppose,  2,000  consumers;  therefore,  there  were  4,000  parties  to  electric 
lighting  contracts.  There  were  about  150  of  the  2,000  companies  repre- 
sented at  that  meeting;  and  now  to  say  that  those  150  gentlemen  could 
meet  down  there,  and  by  a  certain  resolution  bind  the  other  1,850 
lighting  companies,  and  the  2.000  consumers,  and  us  here,  that  would 
be  an  astonishing  thing.  No  resolution  that  those  gentlemen  made,  how- 
ever skilful  and  able  they  may  be,  could  bind  this  City. 


CLOSING  ARGUMBNT—SCHUYLER.  293 

CLOSING  ARGUMENT  FOR  THE  DEFENDANT. 
By 

MR.  K.  C.  SCHUYLER. 

May  it  please  this  Honorable  Board: 

By  the  Code  of  Civil  Procedure,  which  you  have  had  before  you  as  a 
g^ide  of  your  conduct,  you  will  observe  that  the  statute  which  enters 
into  and  becomes  a  part  of  this  contract  requires  as  an  essential  of  what 
you  shall  do  that  you  determine  this  matter  according  to  the  very  right 
of  the  situation.  The  whole  theory  and  idea  of  arbitration  is  to  avoid 
any  legal  technicalities  and  difficulties  which  may  stand  between  the 
parties,  and  exact  justice,  and,  by  allowing  disinterested  men  of  sound 
business  judgment  and  common  sense  whom  the  parties  may  select  to 
weigh  the  difficulties  that  exist  between  them,  to  secure  a  decision  which 
shall  do  even-handed  justice  between  the  parties,  free,  as  I  say,  of  those 
technicalities. 

With  that  as  the  foundation-stone  upon  which  we  shall  proceed,  I  de- 
sire to  present  to  you  our  reasons  why  the  defendant  here  owes  the 
plaintiff  absolutely  not  one  dollar. 

The  whole  controversy  arises  out  of  the  Jackson  franchise,  and  while 
as  one  of  the  elements  for  your  consideration,  a  proper  construction  of 
it  is  to  be  determined,  there  are  other  matters  equally  essential,  and  not 
only  equally  essential,  but  the  moving  factors,  which  must  control  your 
best  justment  against  any  decision  here  in  favor  of  the  plaintiff. 

My  friend  has  spoken  in  his  introduction  of  the  harsh  contract  which 
is  being  enforced  against  the  City  by  reason  of  the  Jackson  franchise. 
As  I  said  before  to  this  Board,  it  has  been  an  old  neighborhood  quarrel, 
with  results  invariably  in  favor  of  the  Company,  and  never  has  the  City 
attempted  to  discuss  a  matter  connected  with  this  franchise  but  what, 
like  Banquo's  ghost,  the  decision  of  the  United  States  Circuit  Court  of 
Appeals  of  this  Circuit  (105  Federal  Rep.,  page  i)  rises  to  defeat  them. 
In  that   case,   the    Court,   speaking   through    Mr.  Justice   Sanborn,   said: 

"Neither  Jackson,  or  his  assignee,  the  appellant,  is  doing  any  wrong, 
or  violating  any  rule  of  law  or  of  equity  in  their  dealings,  and  the  case 
presents  no  equitable  ground  for  depriving  them  of  the  rights  and 
privileges  which  were  granted  to  them  under  the  contract,  and  which 
they  have  fairly  earned  by  the  substantial  completion  of  the  great  work 
they  undertook." 

And  so,  may  it  please  the  Board,  not  only  in  the  time  of  Jackson  was 
it  true  that  he  had  acted  in  good  faith  and  good  conscience  under  this 
franchise,  but  peculiarly  is  it  true  to-day  that  the  Pike's  Peak  Hydro- 
Electric  Company  has  acted  in  good  faith,  equity  and  good  conscience 
in  this  matter. 


294  CLOSING  ARGUMENT— SCHUYLER. 

While  1  do  not  desire  this  argument  to  be  in  any  wise  a  legal  argu- 
ment, I  simply  want  to  present  matters  which  will  enable  the  Board  to 
understand  how,  in  order  to  arrive  at  the  very  right  of  the  matter,  in 
justice  they  should  consider  the  situation. 

There  are  three  or  four  contracts  to  be  considered,  not  only  the  Jack- 
son franchise,  but  others,  and  particularly  the  one  down  in  Mr.  Perkins' 
office;  and  I  desire  to  call  your  attention  to  the  language  which  Judge 
Sanborn, — sitting  on  the  bench  of  the  Eighth  Circuit  Court  of  Appeals 
of  this  circuit, — used  with  reference  to  what  the  duty  of  a  court  was 
when  considering  the  matter  of  the  fair  construction  of  a  contract: 

"The  purpose  of  a  written  agreement  is  to  evidence  the  terms  upon 
which  the  minds  of  the  parties  to  it  meet  when  they  make  it.  Hence 
the  true  end  of  all  contractual  interpretation  is  to  ascertain  that  inten- 
tion, and  when  it  is  found  it  prevails  over  verbal  inaccuracies,  inapt  ex- 
pressions, and  the  dry  words  of  the  stipulations.  The  court  should,  as 
far  as  possible,  put  itself  in  the  place  of  the  parties  when  their  minds 
met  upon  the  terms  of  the  agreement,  and  then,  from  a  consideration 
of  the  writing  itself,  its  purpose,  and  the  circumstances  which  condi- 
tioned its  making,  endeavor  to  ascertain  what  they  intended  to  agree 
to  do."    Vol.  121,  Fed.  Rep.,  6ii. 

Counsel  for  the  City  started  out  with  the  emphatic  proposition  that 
they  were  entitled  to  2,000  actual  candle-power;  then  followed  that  up 
by  the  statement  that  if  they  were  not  right  about  that,  then  they  were 
entitled  to  this  9.6  ampere  lamp.  What  was  the  condition  back  at  that 
time?  On  the  streets  of  this  city,  at  the  very  time  the  Jackson  franchise 
was  passed,  the  9.6  ampere  light  was  being  burned.  That  was  the  one 
that  was  furnished,  and  these  councilmen  who  went  upon  the  stand  told 
your  Honors  that  what  they  then  wanted  was  to  get  a  better  light;  that 
there  was  considerable  talk  of  dissatisfaction.  Now  it  seems  to  me  that 
a  fair  way  to  interpret  the  meaning  of  the  words  "as  commercially 
known,"  would  be  that  the  lamp  as  commercially  then  known  was  un- 
satisfactory and  they  wanted  to  obtain  something  better.  Do  you  think 
they  wanted  to  obtain  the  old  9.6  lamp,  which  these  gentlemen  on  the 
witness  stand  said  was  then  unsatisfactory,  and  creating  adverse  dis- 
cussion in  this  city?  No;  they  wanted  to  move  forward,  as  my  friend 
Dr.  Bell  says,  in  the  progress  of  the  illuminating  art  and  secure  a  better 
light. 

Now  let  us  go  a  step  further.  Counsel  for  the  City  called  attention 
to  two  contracts,  one  of  wliich  provided  that  these  lights,  the  old  9.6 
ampere,  should  be  paid  for  at  $125.00  per  annum;  another  at  $106.00  to 
$108.00  per  annum;  but  he  didn't  call  your  attention  to  a  contract  which 
we  think  is  of  considirahlc  importance  here,  which  recites,  that:  F,xhil)it 
No.  23. 

"WHEREAS,  the  company  is  desirous  of  modifying  the  cf)ntract. 
and  is  further  desirous  of  Nubstituting  a  new  and  improved  light  for  the 
light  now  in  use  and  furnished  under  the  contract  of  .April,  i8t)9;  tiiere- 
fore,  they  agree  to  take  down  this  present  system  which  the  City  has. 


CLOSING   ARGVMliKT— SCHUYLER.  295 

and  substitute  a  better  light  than  these  old  y.6  ampere  lamps," — which 
our  friends  here  have  all  agreed  upon  this  witness  stand  is  an  obsolete 
light,  and  now  rapidly  decreasing  in  use,  and  as  Dr.  Bell  in  his  book 
said,"  "as  rapidly  as  the  companies  can  afford  to  make  the  change." 

And  it  was  under  those  circumstances,  with  those  conditions,  with 
this  light  having  been  used  for  four  years,  while  the  City  had  held  Jack- 
son and  his  assigns  up  from  performing  the  terms  of  the  Jackson  fran- 
chise, and  while  the  illuminating  art  was  advancing, — it  was  under  these 
circumstances  that  the  Pike's  Peak  Hydro-Electric  Company,  upon 
February  15th,  1905,  entered  into  the  contract  to  continue  to  use  this 
system,  to  the  nature  of  which  I  shall  presently  more  fully  address 
myself. 

By  that  time  certainly  the  City  had  placed  a  practical  interpretation 
themselves  upon  what  they  thought  was  the  standard  2,000  candle-power 
light,  for  anybody  can  see  that  with  these  lights  upon  the  street  they 
adopted  a  franchise  seeking  to  secure  a  light  which  the  councilmen  say 
would  be  better.  This  Board  will  very  readily  see  that  the  object  of  the 
City  Council  in  1898  was,  as  these  gentlemen  upon  the  stand  said,  to 
secure  light;  they  didn't  like  these  old  lamps;  they  wanted  something 
better,  and  when  they  had  the  first  opportunity,  after  seeing  what  the 
comparison  was  between  the  present  lamps  and  the  old  9.6  ampere  sys- 
tem upon  the  streets,  they  snapped  it  up  and  put  the  stamp  of  their  ap- 
proval upon  it  in  a  written  contract. 

The  Arbitration  Agreement  sets  up  the  claim  which  is  made  by  one 
party  against  the  other,  which  is  to  be  arbitrated.  The  Arbitration  Agree- 
ment sets  up  the  issues  as  tendered  by  the  City  to  its  opponent;  the  City 
by  its  claim  tells  what  the  other  party  may  be  expected  to  meet,  but  the 
Agreement  does  not  contain  the  position  to  be  taken,  or  contemplated 
to  be  taken  by  the  Company.  I  gather — but  I  cannot  conceive  that 
counsel  was  serious  in  it — that  because  in  this  claim  there  is  the  phrase- 
ology: "said  claim  to  be  determined  by  the  difference  in  candle-power 
between  the  lights  so  furnished  and  the  lights  required,"  that  he  serious- 
ly hopes  to  fasten  upon  us  an  agreement  that  the  matter  is  to  be  so 
determined.  The  point  is  that  the  Arbitration  Agreement  only  sets  out 
the  claim,  and  the  basis  upon  which  the  claim  is  predicated. 

The  City's  claim  is  set  forth  in  paragraph  "First"  of  the  Agreement, 
and  everything  in  that  paragraph  is  therefore  a  matter  in  dispute,  and 
tlie  City  by  this  agreement  advises  us  that  it  makes  its  claim,  and  that 
if  this  isn't  enough  they  want  more;  and  they  give  us  notice  that  they 
base  that  claim  to  be  determined  by  their  contention,  that  the  difference 
in  candle-power  is  the  point  upon  which  they  rely.  This  is  an  issue 
tendered  by  the  City  to  the  Pike's  Peak  Hydro-Electric  Company ;  it 
advises  us  that  they  claim  $16,952.00  upon  the  following  basis,  to  wit: 
setting  it  out;  or  in  case  that  isn't  enough  they  want  more;  and  they 
advise  us  that  their  contention  is  that  it  is  to  be  determined  upon  the 
basis  of  the  difference  in  candle-power. 

The  whole  fight  between  the  City  and  the  Company  is  as  to  whether 
or  not  candle-power  or  watts  control. 


296  CLOSING  ARGUMENT— SCHUYLER. 

Now  with  the  Company  claiming  as  its  position  that  it  don't  owe  a 
dollar  of  the  money,  that  it  is  watts  upon  which  you  are  to  base  your 
judgment,  it  is  very  clear  that  the  arbitration  contract  simply  is  the 
statement  of  the  claim  of  the  City,  and  the  basis  upon  which  they  hope 
to  maintain  it.  You  will  search  the  contract  in  vain  to  find  any  state- 
ment by  us  that  we  don't  owe  a  dollar  and  that  our  position  is  that  the 
question  must  be  determined  by  watts;  and  yet  you  gentlemen  from  the 
circumstances  of  the  matter  know  that  when  this  agreement  was  signed, 
this  controversy,  which  you  are  now  to  determine,  was  based  upon  these 
issues,  which  had  been  the  subject  of  discussion  for  months. 

Paragraph  "Second"  clearly  shows  that  the  parties  thereto  agreed  to 
submit  these  particular  matters  in  dispute  to  the  Board;  so  that  in  ad- 
dition to  the  matters  in  dispute  which  are  outlined  in  the  Agreement,  so 
long  as  the  Hydro  Company  can  in  any  way  produce  matters  calculated 
to  defeat  the  claim,  it  is  apparent  that  its  position  and  contentions  are 
not  set  forth  in  the  Agreement  at  all,  but  we  are  arbitrating  the  claim 
which  the  City  makes  against  us,  and  its  basis. 

Now  we  deny  that  we  'owe  any  money;  we  deny  that  their  basis  is 
correct;  and  in  addition  we  bring  before  the  Board  what  is  just  as  bind- 
ing as  an  absolute  release,  executed  under  the  seal  of  the  City.  These 
are  the  three  positions  that  we  take;  and  you  will  find  none  of  them  in 
the  arbitration  agreement,  because  its  intention  is  to  bring  before  the 
arbitrators  the  claim  of  the  City,  and  the  contention  upon  which  it  is 
based.     So  much  for  a  preliminary  statement. 

Now,  of  course,  it  isn't  necessary  to  waste  time  discussing  the  proposi- 
tion that  the  term  "standard  2,000  candle-power"  has  any  relation  to 
2,000  actual  candles.  The  first  expert  witness  who  arrived  upon  the 
stand  for  the  City  negatived  that  idea  completely. 

Now  let  us  get  down  to  the  consideration  of  this  light  question.  Cer- 
tain it  is  that  every  witness,  expert  in  character,  who  went  upon  this 
witness  stand,  said  that  the  object  of  the  illuminating  engineering  pro- 
fession to-day  was  to  secure  better  illumination. 

What  is  it  that  the  people  and  tax-payers  of  the  City  of  Colorado 
Springs  want?  Do  they  want  light,  as  counsel  says,  or  do  they  want  the 
old  9.6  ampere  lamp  with  its  intrinsic  brilliancy,  confining  itself  to  a 
small  circle,  with  a  dark  shadow  underneath;  a  spluttering,  flickering 
light,  going  up  and  down;  a  lamp  which  their  own  city  council,  in  the 
year  1901,  discarded  as  being  an  obsolete  lamp? 

Now,  finally,  we  got  Dr.  Bell  to  admit  that  arc  light  was  not,  since 
1894,  measured  as  light;  and  in  addition  to  his  admissions  certainly  we 
had  the  testimony  of  our  witnesses  that  light  has  not  been,  cannot  be. 
and  is  not,  sold  as  candle-power,  actually. 

Now  my  friend  has  gone  to  some  length  in  his  remarks  to  tell  us  of 
the  very  fair  tests  that  were  made  upon  these  street  lights.  These  tests 
are  those  of  which  Mr.  Marks  said  it  would  have  been  much  fairer  to 
have  examined  a  greater  number  of  lights  or,  preferably,  all  the  lamps 
in  the  city.  But  over  and  above  it  all  you  are  invited  to  rank  against 
our  tests,  and  the  recording  watt-meters  at  the  plant,    the   testimony   of 


CLOSING  ARGUMENT— SCHUYLER.  297 

the  expert..  Professor  Shecld,  whose  eye  was  sufficiently  calibrated  to 
enable  him  to  tell  by  visual  observation  the  condition  of  all  the  lamps 
upon  the  city  streets,  he  having  tested  one. 

All  of  the  experts  agree  that  measurements  made  at  our  plant  by  the 
integrating  watt-meters  indicated  what  the  lights  were  doing,  if  the 
losses  could  be  determined.  And  we  have  brought  before  you  not  only 
the  condition  of  our  plant  and  machinery,  but  if  your  honors  please,  we 
have  placed  before  you  data  disclosing  the  exact  condition  of  these 
lamps,  as  shown  by  practically  correct  watt-meters,  month  by  month, 
day  by  day. 

My  argument  is  that  the  Jackson  franchise  means,  and  I  think  we 
have  sustained  it  in  principle,  a  light  which  consumes  450  watts,  and 
the  progress  of  illuminating  engineering  is  toward  obtaining  light  well 
distributed,  and  not  merely  fictitious  candle-power. 

We  have  from  this  witness  stand,  expressed  by  our  witnesses,  five 
opinions,  that  that  term  "standard  2,000  candle-power"  refers  to  any 
lamp  that  gives  or  consumes  450  watts  at  lamp  terminals. 

We  think  the  basis  that  you  should  adopt  would  be  to  take  these  watt- 
meter measurements  and  figure  the  difference  between  what  the  watts 
per  month  show  there  and  the  450  watts  that  we  think  we  should  have 
delivered.  We  don't  think  that  under  any  circumstances  this  Board  can 
take  a  candle-power  measurement.  It  has  not  been  done  in  the  past. 
How  can  this  Board  assume  to  do  it  for  the  first  time  here,  and  take  as 
a  standard  of  measurement  that  which  has  never  been  recognized  as  a 
basis  upon  which  to  found  a  charge. 

And  so  we  say  to  you  take  the  7.2  ampere  light  at  450  watts  as  a 
compliance  with  the  Jackson  franchise,  and  independent  of  other  con- 
siderations, charge  us  with  the  deficiency  in  wattage,  but  under  no  cir- 
cumstances can  you  use  candle-power. 

Having  shown  you,  and  corroborated  it  by  Dr.  Bell's  book,  that  it  is 
the  illuminating  value  that  counts,  and  that  this  enclosed  A.  C.  lamp 
run  at  7  to  7.2  amperes  is  the  superior  in  illumination  to  the  obsolete 
illumination  of  9.6  ampere  open  arc,  we  ask  you  to  take  not  450  watts 
turned  into  any  old  mechanism,  but  450  watts  turned  into  a  mechanism 
that  produces  a  better  illumination. 

Our  testimony  stands  uncontradicted  that  in  practical  operation  the 
9.6  ampere  lamp  varies  from  200  to  600  mean  spherical  candle-power. 
How  you  gentlemen  can  be  fair  and  base  a  charge  upon  such  a  variable 
is  more  than  I  can  tell. 

I  regret  that  it  is  not  within  my  powers  to  discuss  curves  and  hemi- 
spheres, and  average  maximums,  and  average  minimums,  and  lumino- 
meters,  and  parachromoscopes  and  hemichromoscopes,  and  other  sundry 
terms  and  instruments;  but  it  does  lie  on  my  mind  deeply,  as  a  matter 
of  common  sense,  after  hearing  all  these  matters,  that  if  you  are  going 
to  get  at  the  very  right  of  the  matter,  and  if  from  the  testimony  you 
believe,  as  I  think  you  must,  that  this  light  produces  in  practice  a  far 
superior  illumination,  it  seems  to  me  that,  independent  of  anything  else, 


298  CLOSIXG   ARGl-MEKT—SCHVYLHR. 

you  must  discard  candle-power,  which  cannot  serve  as  a  basis  of  meas- 
urement for  charges,  and  adopt  current,  when  you  know  that  that  cur- 
rent is  being  honestly  and  fairly  supplied. 

No  matter  what  you  may  think  of  candle-power,  no  matter  what  you 
may  think  of  the  luminometer,  no  matter  what  you  may  think  of  Dr. 
Bell's  book,  and  his  explanations  of  it,  and  no  matter  what  you  may 
think  of  the  very  scientific  manner  in  which  the  City  has  worked  up  this 
case,  and  presented  it,  I  want  to  present  to  you  the  reason  why,  if  you 
want  to  follow  the  Code  provision,  and  get  to  the  very  right  of  the  mat- 
ter, that  you  must  dismiss  this  case  out  of  court. 

There  is  a  principle  of  the  law  that  is  as  old  as  the  hills  themselves, 
that  one  man  cannot  by  his  acts  or  conduct  induce  another  one  to  take 
a  certain  position,  and  then  take  advantage  of  his  own  act,  and  claim 
damages  on  account  of  it;  and  not  only  does  the  principle  apply  to  men 
in  their  individual  transactions,  but  it  is  especially  applicable  to  munic- 
ipal corporations  in  the  situation  the  City  of  Colorado  Springs  is  to-day. 

Now  municipalities  have  some  limitations.  They  must  act  through 
their  officers,  and  in  governmental  acts  of  a  certain  character,  which  are 
not  necessary  to  be  construed  here,  those  officers  alone  can  bind  them; 
but  if  this  City,  in  the  course  of  its  dealings  with  the  holder  of  a  fran- 
chise from  it,  has  induced  him  or  it,  the  corporation,  to  take  a  certain 
position,  or  has  assented  that  he  may  take  a  certain  position,  its  mouth 
is  irrevocably  closed  to  question  anything  surrounding  that  situation. 

Now  let  me  just  call  your  attention  to  what  the  doctrine  known  as 
that  of  "equitable  estoppel"  is.  This  is  from  Anderson's  Dictionary  of 
Law: 

"What  I  induce  my  neighbor  to  regard  as  true  is  the  truth  as  between 
us,  if  he  has  been  misled  by  my  asservation." 

The  vital  principal  is,  that  he  who  by  his  language  or  conduct  leads 
another  to  do  what  he  would  not  otherwise  have  done,  shall  not  subject 
such  person  to  loss  or  injury  by  disappointing  the  expectations  upon 
which  he  acted. 

"The  meaning  is  not  that  equitable  estoppels  are  cognizable  only  in 
courts  of  equity,  for  they  are  commonly  enforced  in  actions  at  law." 

The  City  of  Colorado  Springs,  on  September  5th,  iQOi,  contracted  for 
these  so-called  better  lights.  They  recognized  the  first  time  they  had  a 
chance  to  do  so  that  these  lights  now  attacked  were  better  lights.  Now 
they  went  along  for  four  years,  practically  without  any  objection,  and 
then  what  happened?  When  the  Hydro-Electric  Company,  the  long- 
suflfering  successor  of  a  long  tutmber  of  long  suflFcring  predecessors,  got 
ready  to  turn  tlic  water  into  its  pipe  line,  the  subject  came  up  of  the 
street  lights,  and  they  had  a  conference,  and  the  Mayor  of  the  City  was 
there,  and  six  Aldermen  of  the  City  were  there;  and  my  friend  says 
because  it  wasn't  a  council  meeting,  as  a  technical  proposition,  the  City 
didn't  consent  to  these  proceedings. 

It  don't  make  any  difference  whether  they  met  as  a  city  council  or 


CLOSIXC   ARCVMHXT—SCIIUYIJiR.  2gg 

not.  The  representatives  of  the  city,  and  the  Mayor,  charged  by  the 
statutes  of  the  city  with  the  enforcement  of  all  the  ordinances,  did  meet 
with  the  representatives  of  the  Company.  I  would  refer  you  to  Section 
4487,  2nd  Mills,  and  4488  and  4496,  3rd  Mills.  Well,  they  met,  these  six 
Aldermen,  and  Mr.  Tafif  of  the  Hydro-Electric  Company,  and  the  repre- 
sentatives of  the  Colorado  Springs  Electric  Company,  and  the  attorney 
for  the  Pike's  Peak  Hydro-Electric  Company;  they  met  and  discussed 
this  matter,  not  only  then,  but  as  individuals  they  had  discussed  it  be- 
fore and  agreed  that  these  lights  now  on  the  streets  should  continue 
when  the  Hydro  Company  turned  the  water  into  the  pipes;  that  there 
should  be  no  interruption  in  order  to  make  any  change;  and  that  they 
should  have  the  price  named  in  the  Jackson  franchise,  of  $5-50  per 
month,  and  that  the  same  system  should  be  used. 

From  that  time  on  until  the  official  bill  was  received  late  in  August 
of  1906.  over  a  period  of  fifteen  months,  and  just  before  the  current  was 
boosted  the  Pike's  Peak  Company  relied  upon  the  acquiescence  of  those 
gentlemen,  and  upon  the  understanding  had  there. 

The  Colorado  Springs  Electric  Company  had  nothing  to  do  with  it, 
except  as  the  distributing  agent. 

Not  one  of  the  six  Aldermen  was  put  upon  the  witness  stand  to  tell 
you  that  Mr.  Taff  or  Mr.  Tripp  had  not  told  the  truth?  No.  And 
why  not?     Because  they  told  the  truth. 

With  regard  to  the  resolution.  Exhibit  No.  46,  let  me  dispose  of  that. 
The  wording,  as  Mr.  Tafif  explained,  was  probably  "the  way  the  City 
chose  to  put  it."  When  they  said  that  they  would  avail  themselves  of 
the  street  lights  called  for  by  the  Jackson  franchise,  take  the  situation 
of  the  parties,  as  Judge  Sanborn  says  you  must,  what  did  they,  at  that 
time,  understand  and  agree  would  be  a  compliance  with  the  Jackson 
franchise?  While  this  resolution  is  in  no  sense  binding  upon  Mr.  Tafif, 
or  varies  the  understanding  that  he  then  had,  and  which  none  of  them 
ever  could  afterward  say  he  did  not  earnestly  and  confidently  rely  upon, 
it  is  evident  that  that  understanding  enters  into  the  resolution,  and 
would  control  it,  no  matter  if  the  Company  were  in  no  wise  a  party  to  it. 

The  Jackson  franchise,  in  paragraph   10,  says  this: 

"It  is  also  provided  that  if  the  said  George  W.  Jackson,  his  associates 
or  assigns,  shall  fail  to  furnish  to  the  said  city  the  said  lights  and  power 
as  hereinabove  provided,  then  all  the  rights  and  privileges  herein  and 
hereunder  shall  and  will  become  null  and  void." 

Tell  me  if,  on  February  15th,  1905,  you  gentlemen  had  been  in  the 
situation  of  this  Company  that  had  expended  $300,000.00  or  more  in  the 
construction  of  a  plant  and  knew  that  the  6.6  ampere  lamp,  run  at  430 
watts,  was  not  the  standard  2,000  candle-power  lamp,  and  realized  that 
when  you  didn't  furnisli  that  kind  of  a  lamp,  which  is  a  mere  incidental 
expense  as  compared  with  $300,000.00,  you  would  run  the  risk  of  for- 
feiting your  franchise  absolutely,  unless  you  had  some  understanding 
to   the   contrary,   what   would   you    have   done?     There   is    the    situation 


300  CLOSIXG    ARGUMENT— SCHUYLER. 

surrounding  the  parties,  and  to  say  that  the  Pike's  Peak  Hydro-Electric 
Company  didn't  rely  upon  this  understanding  is  to  put  them  in  the 
position  of  saying  that  they  knowingly  imperiled  the  franchise  under 
which  they  got  the  power  to  operate  their  plant.  They  have  gone  ahead 
with  this  system  which  they  frankly  confess  to  you  now  was  main- 
tained at  430  watts,  only  because  they  understood  that  was  proper.  Do 
3'ou  believe  that  knowing  that  their  franchise, — the  only  valuable,  cen- 
tral thing  that  enables  them  to  do  business, — would  be  jeopardized  by 
their  furnishing  this  system  of  lights  without  an  understanding,  don't 
you  believe  that  was  the  first  thing  they  inquired  into?  Do  you  think 
they  would  let  it  go  without  an  understanding?     Never. 

The  decision  of  Judge  Sanborn  says  that  the  City  is  operating  in  its 
contractual  private  business  capacity  as  to  this  matter.  Now  referring 
to  the  acts  of  the  officers,  remember  that  the  Mayor  was  present,  and 
had  charge  of  all  these  ordinances,  and  I  consider  that  his  action  in  con- 
senting to  this  matter,  and  entering  into  an  understanding  upon  which 
the  Company's  representatives  were  induced  to  rely,  that  alone  ends 
the  matter  so  far  as  the  City  is  concerned.  This  point  about  the  regular 
city  council  meeting  has  nothing  to  do  with  the  matter.  Their  act  in 
permitting  this  matter  to  go  along,  in  paying  for  lighting  for  fifteen 
months,  that  act  of  itself, — disregard  the  meetings,  disregard  the  talk 
which  induced  this  line  of  conduct, — that  alone  shuts  the  mouth  of  the 
City  on  this  proposition. 

"Any  positive  acts  by  municipal  officers  which  may  have  induced  the 
action  of  the  adverse  party,  and  where  it  would  be  inequitable  to  permit 
the  corporation  to  stultify  itself  by  retracting  what  its  officers  had  done, 
will  work  an  estoppel."     I  Dillon  on  Mun.  Corp.,  485. 

Now  take  this  in  connection  with  the  other,  or  take  it  by  itself:  P. 
523,  Dillon. 

"The  assent  of  a  municipal  corporation  to  the  variation  or  modifica- 
tion of  a  contract  need  not  necessarily  be  expressed  by  the  formal  action 
or  resolution  of  the  common  council;  but  it  may  be  implied  from  acts 
relating  to  the  contract  work  subsequent  to  the  date  of  the  contract." 

Don't  let  the  following  sentence  deceive  you  at  all: 

"But  where  tlie  contract  is  made  by  ordinance  in  the  prescribed  statu- 
tory mode,  it  can  only  be  repealed  or  annulled  in  the  same  manner." 

This  was  neither  a  repealing  or  annullment  of  tlie  Jackson  franchise. 
It  was  simply  a  construction  which  these  gentlemen  chose  to  place  upon 
the  franchise  as  to  what  they  would  be  willing  to  accept  as  a  compliance 
with  Section  9,  at  the  price  therein  stated. 

I  call  your  attention  to  a  decision  in  122,  I"\^deral  Reporter,  at  page 
322,  where  it  is  held  that  the  modification  of  a  contract,  or  a  waiver  of 
conditions  found  in  a  contract,  found  to  be  prejudicial  to  its  interests, 
can  be  made  by  a  municipal  corporation  by  implication. 


CLOSING  ARGUMENT— SCHUYLER.  301 

I  call  your  attention  to  a   decision   found  in  27   L.   R.   A.,   at  page  827: 

"A  city  which  has  for  many  years  recognized  and  accepted  a  water- 
works system  as  fully  complying  with  a  contract,  cannot  afterwards 
repudiate  such  recognition  and  claim  damages  for  failure  to  comply  with 
the  contract." 

I  also  wish  to  call  your  attention  to  a  matter  closer  home,  asserting 
the  general  principle  we  urge.  I  refer  to  a  case  found  in  the  30th  Colo- 
rado Supreme  Court  reports;  a  decision  of  Mr.  Justice  Gabbert  in  which 
he  says: 

"The  defense  of  equitable  estoppel  may  be  asserted  against  a  munici- 
pal corporation  when  the  character  of  the  action  and  the  facts  and  cir- 
cumstances are  such  that  justice  and  equity  demand  the  corporation 
should  be  estopped." 

Can  you  gentlemen,  under  the  uncontradicted  testimony  of  Mr.  Tripp 
and  Mr.  Taff,  that  the  Pike's  Peak  Hydro-Electric  Company  relied  upon 
the  acts,  words,  conduct,  of  the  municipality,  to  continue  this  present 
system  of  lights,  can  you  decide  that  candle-power  rating  should  apply 
to  these  lamps,  and  the  city  should  have  been  furnished  with  the  old 
obsolete  9.6  ampere  lamp? 

I  don't  believe  that  you  gentlemen  are  going  to  hold  to  any  such 
technicality  as  that  to  constitute  a  meeting,  a  clerk  must  be  present  in 
the  room  to  write  down  the  proceedings  provided  it  is  against  the  solid 
justice  of  the  thing.  After  these  men,  in  Mr.  Perkins'  office,  accepted 
these  lamps  as  being  the  system  through  which  the  electricity  should 
flow,  then  when  they  did  come  together  in  a  meeting  in  which  neither 
Mr.  Tripp  or  Mr.  Taff  was  present  and  adopted  a  resolution  in  which 
they  said  that  nothing  could  impair  the  validity  of  the  franchise,  and 
that  they  availed  themselves  of  the  lights  provided  for  by  the  franchise, 
they  nevertheless  put  into  the  resolution,  as  Judge  Sanborn  would  say 
to  you,  every  fact,  every  circumstance,  that  surround  the  making  of  it, 
it  all  entered  in  and  became  a  part  of  it. 

Having  adopted  this  resolution,  what  did  they  do?  Followed  it  up 
by  ordering  each  month  from  this  Electric  Company  lights  to  go  on 
this  system.  Can  you  discard  that  act,  and  that  conduct,  in  considering 
whether  or  not  under  the  law  this  City  should  in  equity  or  justice  to  be 
here  before  this  Board  of  Arbitrators. 

I  anticipate  that  you  gentlemen  must  see  that  while  there  are  some 
points  here  about  candle-power,  and  visual  observation,  and  lumino- 
meters,  and  wattage,  it  is  unnecessary  to  dispose  of  them  because  there 
is  the  other  controlling  point  of  estoppel  that  disposes  of  the  whole  case. 

However,  as  a  last  word  from  our  side  upon  this  subject  of  the  expert 
testimony,  I  think  that  when  you  put  yourselves  in  the  position  of  this 
city  council  in  1898,  you  won't  believe  that  with  all  the  developrhent 
that  has  been  going  forward  since,  that  what  these  gentlemen  had  in 
mind  was  to  keep  to  that  same  old  lamp. 


302  CLOSING  ARGUMnNT—SCHVYLnR. 

The  City  is  here  before  you.  What  it  wants  to  get  at,  is  whether  the 
Jackson  franchise  is  being  complied  with.  Why  should  you  hesitate  to 
resort  then  to  that  construction  which  says  to  the  citizens  of  this  city — 
your  franchise  upon  this  witness  stand  has  been  defined  to  mean  a  lamp 
of  this  character  at  7  amperes?  I  appeal  to  you  not  only  on  the  basis  of 
engineering,  but  on  the  basis  of  connnon  sense,  not  to  relegate  this  city 
back  to  a  system  which  Dr.  Bell  says  every  city  is  discarding  as  rapidly 
as   it  can. 

We  claim  that  we  have  maintained  the  position  that  when  this  light 
is  running  at  7  amperes,  or  better,  we  are  within  the  Jackson  franchise. 

Don't  be  deceived  for  a  minute  by  this  trouble  about  cost.  That  has 
nothing  to  do  with  the  matter.  We  either  are  complying  with  the  fran- 
chise, or  we  are  not;  and  you  gentlemen  are  now  in  the  position  where 
you  can  choose  for  this  city,  between  this  lamp  which  has  been  demon- 
strated to  give  the  practical  results  that  the  citizens  need,  and  an  ob- 
solete lamp  which  the  city  council  in  igoi  discarded  as  being  inferior 
to  this  light. 

Now,  briefly  summarizing.  The  agreement  of  arbitration  brings  to 
you  the  chance  to  do  the  absolutely  just  thing  between  the  parties.  It 
presents  the  issue  which  has  been  tendered  by  the  suit.  Our  reply  to  it 
is  given  by  the  evidence,  which  is  that  we  deny  that  we  owe  any  money; 
we  deny  their  claim  that  the  difference  in  candle-power  is  the  correct 
basis;  and  we  assert  that  the  acts  and  conduct  of  their  officers  amounts 
to  an  estoppel,  which  throws  every  other  contention  into  the  shade,  but 
which  must  bring  you  gentlemen  to  the  very  right  of  the  matter;  that 
is,  that  this  company  undoubtedly, — certainly  until  a  demand  was  made 
upon  them,  until  some  formal  objection  was  made  to  them  that  these 
lights  were  not  what  the  City  wanted,  had  a  right  to  rely  upon  this  sit- 
uation, and  that  the  City  is  estopped. 

We  urge  upon  you  that  candle-power,  in  no  sense  of  the  word,  is  the 
basis  upon  which  you  can  measure  anything,  because  it  is  too  variable, 
under  the  testimony.  You  cannot  take  a  laboratory  condition  and  apply 
it  to  a  street;  that  has  been  brought  out.  If  you  cannot  do  that,  can  you 
do  otherwise  than  base  a  charge  upon  practical  conditions?  If  there 
were  any  questions  here  about  measurement,  wattage  is  the  only  thing, 
and  we  have  shown  you  why  we  operated  that  lamp  as  we  did. 

Confident,  therefore,  of  the  absolute  justice  of  our  position,  from 
whatever  view-point  taken,  and  that  we  are  entitled  to  favorable  con- 
sideration at  your  hands  an  account  of  all  of  the  circumstances,  I  sub- 
mit this  case  to  you,  thanking  you  at  the  conclusion,  as  at  the  beginning, 
for  your  very  kind  and  patient  consideration  of  me  and  the  company 
in  your  hearing  of  this  matter. 


CLOSING  ARGUMENT—SCHUYLER.  303 


FINAL  SUMMING  UP  AND  CLOSING  ARGUMENT  FOR  THE 

PLAINTIFF 

By 
MR.  W.  C.  ROBINSON. 

MAY  IT  PLEASE  THE  BOARD: 

We  have  heard  quite  a  little  here  tonight  in  the  way  of  a  plea  for 
equity  and  justice.  One  of  the  first  maxims  of  equity  that  is  taught  to 
the  j'oung  lawyer  is  that  "He  who  comes  into  a  court  of  equity  must 
come  with  clean  hands."  This  maxim  is  based  on  Holy  Writ,  for  therein, 
in  effect,  it  is  asked,  "Who  shall  stand  in  the  places  of  the  Most  High?" 
and  the  answer  is  given,  "he  that  hath  clean  hands  and  a  pure  heart." 
So  we  may  say  that  when  this  defendant  comes  here  pleading  for  equity, 
as  distinguished  perhaps  from  law,  it  should  be  required  to  come  with 
clean  hands  in  order  to  have  its  plea  heard.  With  the  evidence  before 
you  of  what  was  required  of  this  defendant,  of  what  it  has  done  and  of 
what  it  has  failed  to  do  under  this  franchise,  it  seems  to  me  that  if 
there  ever  was  a  pair  of  dirty  hands  uplifted  in  any  tribunal  we  have 
seen  them  here. 

Of  all  the  obligations  assumed  by  Jackson  or  his  assigns,  we  find 
only  that  the  tunnel  was  completed:  that  free  lights  have  never  been 
furnished  for  any  of  the  buildings  except  this  one;  that  no  street  lights 
were  furnished  until  about  four  years,  instead  of  one  year  after  the 
completion  of  the  tunnel;  that  the  lights  were  only  of  about  400  candle- 
power;  that  there  has  never  been  a  pole,  wire,  lamp,  or  any  apparatus 
erected  in  the  city  under  the  franchise;  and  that  there  is  nothing  what- 
ever to  revert  to  the  city  on  the  expiration  of  the  franchise. 

It  has  appeared  to  you  by  some  evidence,  but  chiefly  by  counsel's 
statements,  that  almost  from  the  time  of  the  passage  of  this  Ordinance 
the  city  has  been  fighting  it.  He  stated  to  you  in  effect  that  time  after 
time  the  city  had  tied  the  defendant's  hands  bj-  injunction,  but  he  prob- 
ably did  not  mean  to  say  that,  for  it  is  not  true.  The  city  has  never  tied 
the  defendant's  hands  by  injunction.  Those  Avrits  have  come  from  the 
other  side.  There  has  been  litigation,  and  city  council  after  city  council 
has  had  trouble  with  the  successive  owners  of  this  franchise,  and  the 
evidence  before  this  Board  shows  that  there  was  abundant  cause  for 
the   trouble. 

Counsel  cites  the  decision  of  Judge  Sanborn,  in  the  U.  S.  Circuit 
Court  of  Appeals,  as  forever  upholding  this  franchise,  but  he  knows 
full  well  that  that  decision  was  based  on  the  then  facts  as  they  were 
presented  to  the  court  at  that  time  and  that  the  facts  of  the  case  are 
not  the  same  today.  Nearly  every  benefit  to  be  received  by  the  City 
and  which  Judge  Sanborn  recited  as  the  considerations  moving  to  the 
City  for  the  rights  granted  to  Jackson  have  failed,  and  I  have  no  doubt 


304  CLOSING   ARGUMENT— ROBINSON. 

that  he  would  be  the  first  to  repudiate  the  claim  that  his  decision  could 
be  taken  as  upholding  this  franchise  under  the  present  conditions. 

Now,  I  want  to  take  up  for  a  moment  that  wonderful  contract,  probably 
the  most  wonderful  contract  ever  presented  by  an  attorney  to  any 
tribunal,  the  alleged  contract  made  down  in  Alderman  Perkins'  office 
when  some  of  the  Aldermen  met  some  of  the  representatives  of  the  two 
electric  companies.  According  to  counsel's  theory,  as  I  understand  it, 
they  changed  an  ordinance  of  the  City,  for  we  must  remember  this  con- 
tract was  made  by  an  ordinance.  If  he  don't  know  it,  you  certainly  do, 
that  the  business  of  a  City  Council  can  not  be  transacted  at  a  mere  con- 
ference between  some  of  its  members  and  other  persons.  An  ordinance 
can  not  be  amended,  altered  or  repealed  in  such  a  manner.  They  claim 
that  at  that  meeting  this  Ordinance  was  changed  so  that  instead  of 
requiring  lights  of  standard  2,000  candle-power  each,  it  requires  any 
kind  of  a  lamp  that  consumes  450  watts  at  the  terminals.  And  now,  what 
was  the  record  of  that  conference  or  talk?  Read  the  letters  of  Mr. 
Taff,  representing  the  defendant  company,  to  the  City  Council,  Exhibits 
Nos.  47  and  49,  in  which  he  says  particularly  that  his  company  will  "com- 
mence the  furnishing  of  the  street  lights  and  other  lighting  for  the 
City,  in  accordance  with  the  provisions  of  section  9."  That  is,  in  accord- 
ance with  section  9  of  the  franchise  ordinance,  and  then  they  come  in 
here  and  say  that  that  section  has  been  changed. 

Now,  what  did  the  City  Council  do  after  the  receipt  of  those  letters? 
The  record  of  its  proceedings  on  January  i6th,  1905,  Exhibit  No.  46, 
shows  its  action  on  the  matter,  and  one  paragraph  of  the  resolutions  is 
as  follows:  "Resolved,  further,  that  nothing  in  this  arrangement  shall 
be  construed  as  in  any  way  modifying  or  impairing  the  validity  or  the 
obligations  of  said  franchise."  You  will  see  that  the  City  Council  did 
not  intend  that  the  obligations  of  that  franchise  should  be  modified  or 
impaired.  In  both  of  the  letters  from  the  Company,  and  in  the  formal 
action  of  the  City  Council  on  the  subject,  they  specifically  provide  that 
what  they  are  doing  should  not  modify  or  impair  the  obligations  or 
validity  of  the  franchise.  There  is  not  the  slightest  intimation  that  any 
of  those  terms  had  been  changed,  but  on  the  contrary,  there  seems  to 
have  been  great  care  taken  that  nothing  should  be  understood  as  having 
changed  the  terms  of  the  Ordinance  in  any  respect.  These  letters,  and 
these  resolutions,  so  particular  in  this  respect,  were  written  and  passed 
within  a  few  days  after  the  famous  meeting  in  Alderman  Perkins' 
office,  and,  according  to  some  of  defendant's  witnesses,  as  a  result  of 
that  meeting;  and  yet,  when  these  men  are  caught  in  this  matter,  they 
come  in  here  and  attempt  to  claim  that  the  Ordinance  was  changed  at 
that  meeting  and  so  as  to  lessen  the  obligations  of  the  defendant. 

You  will  remember  that  in  1901  the  Colorado  Springs  Electric  Com- 
pany, not  the  defendant,  was  lighting  the  streets  with  the  old  9.6  D.  C. 
open  arc  lamp,  and  in  that  year  made  a  new  contract  with  the  City,  at  a 
lower  rate  per  light  and  with  an  extension  of  time,  and  substituted  the 
new  6.6  A.  C.  enclosed  arc.  and  that  that  new  contract  had  no  connection 
whatever  with  the  defendant  Company  or  with  the  Jackson  franchise. 


CLOSING   ARGUMBNT— ROBINSON.  305 

Counsel  has  stated,  in  efifect,  time  and  time  again,  that  the  City  was 
dissatisfied  with  the  old  light,  repudiated  the  old  lamp,  wanted  a  better, 
a  new  and  improved  light,  etc.,  etc.  The  purpose  of  this  argument 
must  have  been  to  induce  you  to  believe  that  in  1901  the  City  delib- 
erately accepted  the  6.6  A.  C.  enclosed  arc  as  a  substitute  in  a  contract 
for,  and  as  superior  to,  the  9.6  D.  C.  open  arc.  and  as  a  fulfilment  of 
the  terms  of  the  Jackson  franchise,  and  that  the  City  repudiated  and 
threw  out  the  old  lamp.  But  you  will  notice  that  the  Colorado  Springs 
Electric  Company  was  not  operating  under  the  Jackson  franchise;  that 
it  never  claimed  to  own  or  to  have  any  interest  in  that  franchise,  and 
that  franchise  was  in  no  possible  manner  involved  in  the  transactions 
of  1901.  We  further  see  by  this  contract  of  1901,  Exhibit  No.  23,  that 
it  was  the  Company,  and  not  the  City,  that  "repudiated"  the  old  lamp, 
and  that  described  the  new  lamp  as  "a  new  and  improved"  light;  that  the 
Company  voluntarily  offered  to  furnish  the  new  light  at  a  less  price  than 
the  old,  although  its  contract  still  had  several  years  to  run  at  the  higher 
rate.  The  City  never  accepted  the  new  lamp  as  a  substitute  for  the  old 
lamp  in  any  contract,  as  counsel  would  have  you  believe,  but  at  the 
solicitation  of  that  company  the  City  made  an  entirely  new  contract 
with  it,  whereby  the  City  obtained  the  light  of  the  new  lamp  at  a  less 
price  than  it  was  then  paying  for  the  old  light;  a  matter  in  which  the 
Jackson  franchise  was  in  no  manner  involved. 

Let  me  now  take  up  the  doctrine  of  equitable  estoppel,  which  the 
defendant  seeks  to  interpose  against  the  City.  It  must  be  borne  in 
mind  that  the  contract  between  the  City  and  this  Company  was  made 
by  an  ORDINANCE,  a  point  of  very  great  importance,  and  the  claim  of 
the  Company  now  is,  as  I  understand  it,  that  this  contract  was  changed 
at  the  informal  meeting  in  Alderman  Perkins'  office  between  some  of  the 
Aldermen  and  some  of  the  representatives  of  the  two  electric  companies. 
At  page  532  of  Dillon  on  Municipal  Corporations,  it  being  the  same  page 
from  which  counsel  read,  the  author  says:  "But  when  the  contract  is 
made  by  ordinance  in  the  prescribed  statutory  mode,  it  can  only  be 
repealed  or  annulled  in  the  same  manner."  That  is,  when  a  contract  is 
made  by  an  ordinance,  it  can  be  repealed  or  annulled  only  by  an  ordi- 
nance. Counsel  may  say  that  the  Ordinance  was  not  repealed  or  annulled 
in  Mr.  Perkins'  office,  but  only  changed  and  modified.  If  they  can  thus 
change  and  modify  this  Ordinance,  so  that  it  requires  only  a  400  candle- 
power  light  instead  of  a  2,000  candle-power  light,  they  certainly  could 
continue  to  modify  and  change  until  there  would  be  nothing  left  except 
the  title.  Now,  counsel  claims,  as  I  understand  him,  that  because  these 
members  of  the  City  Council  at  that  famous  meeting  in  Mr.  Perkins' 
office,  when  he  says  a  new  contract  was  made,  did  not  object  to  the 
lights  being  furnished  through  the  present  lamps,  that  the  City  is  now 
estopped  from  denying  that  these  lights  fulfill  the  requirements  of  the 
Jackson  franchise. 

Now,  it  is  claimed  that  the  Aldermen  present  made  no  objection,  when 
they  were  informed  that  lights  under  the  Jackson  franchise  would  be 
furnished  through    the   wires,   lamps   and   other   apparatus   then   on   the 


3o6  CLOSING  ARGUMENT— ROBINSON. 

streets,  and  that  thereby  the  City  acquiesced  in  and  agreed  to  the  lights 
thereafter  furnished  through  that  apparatus.  No  claim  is  made  that 
these  aldermen  were  informed  or  ever  knew  that  the  lights  to  be  fur- 
nished were  of  only  400  candle-power  or  of  any  less  power  than  that 
required  by  the  franchise.  On  the  other  hand,  no  claim  is  made  that 
this  defendant  was  ignorant  of  the  fact  that  the  lights  which  it  proposed 
to  furnish  were  of  only  300  or  400  candle-power  instead  of  standard  2,000 
candle-power. 

Before  finally  passing  the  question  of  light  and  watts,  or  light  and 
power,  Iwant  to  call  your  attention  to  the  bills  put  in  to  the  City  by 
the  defendant.  For  instance,  the  bill  dated  February  6,  1906,  calls  for 
232  arc  lights,  and  I  believe  that  every  bill  is  worded  in  the  same  way. 
They  have  been  billing  the  city  for  arc  lights  and  not  for  watts  or  for 
lamps.  It  would  seem  that  this  idea  that  they  are  selling  the  city  power 
to  be  measured  in  watts  was  an  afterthought.  By  what  right  does  the 
defendant  read  watts  and  power  into  this  contract?  The  contract  says 
light  and  candle-power,  and  it  does  not  say  watts  or  power. 

Counsel  has  deemed  it  necessary  to  indulge  in  some  sharp  criticism 
of  Prof.  Shedd.  I  am  quite  willing  to  leave  the  character,  learning  and 
honesty  of  Prof.  Shedd  for  your  consideration,  and  without  any  fear  that 
they  will  be  injured  by  anything  that  counsel  can  say;  but  I  submit  that 
Prof.  Shedd  did  not  say  that  having  tested  one  lamp,  he  could,  by  visual 
observation,  whatever  counsel  means  by  that,  tell  the  condition  of  all  the 
lamps.  He  did  say,  in  eflfect,  that  having  carefully  observed  all  the 
lamps,  he  could  form  an  opinion  that  they  were  all  of  about  the  same 
power. 

Now,  let  us  consider  the  defendant's  right  to  substitute  the  new  lamp 
for  the  old,  or  rather  the  light  of  the  new  lamp  for  the  light  of  the  old 
lamp,  in  a  contract  calling  for  the  latter.  Has  such  a  thing  ever  been 
done?  Mr.  Ryan,  no  doubt,  in  an  honest  effort  to  advance  the  interests 
of  his  employer,  came  here  to  testify  in  this  case  for  the  defendant,  but 
he  could  not  tell  you  of  a  single  instance  where  this  small  lamp  had  been 
substituted  for  the  old  lamp  in  a  contract  calling  for  the  latter.  And 
I  can  recall  no  instance  where  the  new  lamp  superseded  the  old  lamp 
at  the  same  price.  It  must  be  clear  to  the  Board  that  the  old  lamp, 
when  operated  properly,  as  is  shown  by  its  operation  in  Europe,  gives 
more  light  than  the  new  lamp.  The  new  lamp  can  be  purchased  and 
operated  at  a  smaller  cost,  that  is  admitted,  but  it  does  not  seem  that 
they  have  ever  been  able  to  substitute  the  new  for  the  old  at  the  same 
price,  and  so  far  as  we  have  been  able  to  learn  this  is  the  first  time 
that  any  one  has  ever  attempted  to  do  so.  The  maker  of  the  lamp  does 
not  claim  that  it  is  capable  of  taking  the  place  of  the  old  lamp.  The 
small  lamp  is  undoubtedly  a  good  one  for  the  purpose  for  which  it  is 
made,  but  the  point  is  that  we  did  not  contract  for  that  kind  of  a  light, 
and  the  little  lamp  can  not  fulfill  the  requirements  of  the  other.  And 
as  a  legal  proposition,  you  can  not  substitute  one  thing  for  another  in 
this  contract  without  our  consent.  It  docs  not  lie  in  their  mouths  to 
say  that  this  lamp  is  as  good  an  jlluminant  as  that  one,  and,  therefore, 


CLOSING  ARGUMENT— ROBINSON.  307 

they  can  substitute  it.  That  is  a  matter  of  opinion,  and  they  have  no 
right  to  make  the  substitution,  even  if  the  small  lamp  was  as  good  an 
illuminant  as  the  other.  To  illustrate:  If  I  bought  from  one  of  you  a 
black  horse  weighing  1,500  pounds,  and  you  came  to  me  with  a  white 
horse  weighing  1,510  pounds,  and  said  to  me,  "This  is  just  as  good  a 
horse  as  you  bought  of  me,"  you  could  not  compel  me  to  take  the  horse 
and  pay  the  price.     I  didn't  buy  a  white  horse  from  you  at  any  price. 

Now  let  me  summarize  the  claim  of  the  city.     We  claim: 

1st.  That  we  are  entitled  to  a  light  of  2,000  candle-power,  according 
to  the  ordinary  meaning  of  the  words  used  in  the  Ordinance. 

2nd.  If  we  are  not  entitled  to  a  light  of  2,000  candle-power,  then, 
under  a  technical  meaning  of  the  terms  used  in  the  Ordinance,  we  are 
entitled  to  a  light  equal  to  the  light  given  by  the  9.6  ampere,  direct 
current,  open  arc  lamp,  when  operated  in  a  proper  manner  and  a  proper 
condition,  and  that  such  light  would  be  of  not  less  than  1,200  candle- 
power. 

I  think  that  I  am  fully  justified  in  saying  that  all  of  the  testimony  on 
the  point  shows  that  the  light  that  we  have  received  has  not  exceeded  400 
candle-power.  That  would  be  the  maximum.  If  we  are  entitled  to  lights 
of  1,200  candle-power,  at  $5.50  per  month,  and  we  have  received  only 
400  candle-power,  then  we  are  willing  to  pay  400-1200  of  $5.50  per  month. 
As  we  did  not  contract  for  lights  of  400  C.  P.  at  any  price,  we  are  not 
legally  obliged  to  pay  anything  for  them,  but  we  do  not  care  to  take 
advantage  of  our  legal  rights  on  that  point.  We  are  willing  to  pay  for 
what  we  have  received,  but  nothing  more. 

Please  allow  me  to  again  try  to  impress  on  your  minds  the  point 
that  our  contract  calls  for  lights,  and  for  lights  measured  in  candle- 
power,  and  that  it  does  not  call  for  watts,  or  power,  or  lamps.  You  may 
not  agree  with  my  claim  that  we  are  entitled  to  lights  of  2,000  candle- 
power,  but  I  do  not  see  how  it  is  possible  for  you  not  to  agree  with 
the  claim  that  we  are  entitled  to  at  least  1,200  candle-power  lights.  Let 
us  take  that  certain  quantity,  as  shown  by  the  testimony  of  Professors 
Matthews  and  Shedd,  Dr.  Bell,  Mr.  Marks  and  Mr.  Ryan.  I  believe 
that  none  of  the  defendant's  witnesses  testified  that  the  present  lamp  did 
or  could  produce  that  amount  of  light.  Even  their  boys  who  testified  so 
learnedly  about  the  meaning  of  the  famous  resolution  of  1894  did  not 
make  that  claim.  So  far  as  I  can  recall,  no  witness  put  the  power  of 
this  lamp  claims  it  was  being  operated  at  more  than  400  candle-power. 
Thus  we  may  say  that  under  the  great  weight  of  the  testimony  we 
are  entitled  to  at  least  1,200  candle  power  and  that  we  have  received  at 
most  400  candle  power. 

Now,  in  closing,  we  claim  that  for  $5.50  per  light  per  month,  we  are 
entitled  to  lights  of  at  least  1,200  candle-power;  that  we  have  received 
lights  of  not  more  than  400  candle-power;  and  we  ask  you  to  settle  the 
claims  between  the  City  and  the  Company  on  a  basis  which  will  cause 
us  to  pay  not  more  than  400-1200  of  $5.50  per  light  per  month, — that  is, 
on  a  basis  that  will  cause  us  to  pay  for  nothing  more  than  we  have 
received.     If  this  basis  seems  unreasonabh'  low  and  i:nremunerative  to 


3o8  CLOSING   ARGUMENT— ROBINSON. 

the  Company,  and  probably  destructive  of  its  business,  let  me  call  your 
attention  to  the  facts  that  have  appeared  before  you.  The  Company  is 
using  the  city  water  system  as  its  only  source  of  power.  It  has  no 
other  power  plant.  According  to  the  testimony  of  an  officer  of  the 
Company,  from  lo  per  cent,  to  15  per  cent,  of  the  total  amount  of  current 
generated  by  this  water-power  is  used  for  our  street  lights.  From  85 
per  cent,  to  90  per  cent,  of  it  is  sold  to  other  consumers.  Undoubtedly, 
any  honestly  organized  and  honestly  managed  company  would  be  glad  to 
have  the  use  of  that  water-power  and  pay  for  it  by  furnishing  free  lights 
for  our  buildings  and  streets. 

If  you  will  consider  all  these  facts,  all  the  conduct  of  this  Company, 
how  much  it  has  received  and  how  little  it  has  given  in  return.  I  am  sure 
that  it  will  lie  in  your  hearts  to  feel  and  in  your  mouths  to  say  that  the 
course  of  this  City  towards  this  defendant  has  been  marked  by  extreme 
liberality. 

THEREUPON     THE     BOARD     FINALLY     ADJOURNED     THE 

HEARINGS. 


AWARD. 


309 


STATE  OF  COLORADO 
COUNTY  OF  EL  PASO 


s.s. 


ARBITRATION    BETWEEN 
THE  CITY  OF  COLORADO  SPRINGS 
AND 
THE  PIKES  PEAK  HYDRO- 
ELECTRIC COMPANY. 


Award  of  the 
Arbitrators. 
L.  G.  Carpente! 
E.  L.  Elliott. 
Henry  Floy. 


The  findings  herein  set  forth  constitute  the  award  of  the  Ar- 
bitrators named  in,  and  acting  by  virtue  of  an  Agreement  of  Ar- 
bitration entered  into  on  the  30th  of  January,  1907,  by  and  be- 
tween the  City  of  Colorado  Springs,  hereinafter  called  the  City, 
and  the  Pikes  Peak  Hydro-Electric  Company,  hereinafter  called 
the  Company,  copy  of  which  is  attached  hereto. 

The  matters  in  controversy  presented  to  the  Arbitrators  arise 
from  a  franchise  granted  to  one  George  W.  Jackson  by  the  City 
of  Colorado  Springs,  under  date  of  September  8th,  1898.  This 
franchise,  on  the  one  hand,  granted  to  the  said  Jackson,  for  a 
period  of  twenty-five  years,  certain  rights  to  use,  under  certain 
restrictions,  the  water  supply  of  said  City  for  generating  elec- 
tricity, and  also  to  maintain  a  system  for  the  distribution  of 
electrical  energy  in  said  City.  The  said  Jackson,  on  the  other 
hand,  was  to  complete  a  water  works  contract  which  he  had  pre- 
viously undertaken,  and  was  to  furnish  electrical  energy  to  the 
City  under  certain  conditions.  This  franchise  came  into  posses- 
sion of  the  Pikes  Peak  Hydro-Electric  Company  by  assignment, 
and  the  said  Company  began  to  furnish  arc  lights  to  the  City  on 
February  15th,  1905,  through  the  Colorado  Springs  Electric 
Company  as  agent. 

The  particular  provision  of  this  franchise  relating  to  the  con- 
troversy before  the  Aribtrators  is  contained  in  Section  9,  which 
reads  as  follows : 


310  AWARD. 

"The  said  George  W.  Jackson,  his  associates  or  as- 
signs, shall  within  one  year  after  the  completion  of  the 
Strickler  Tunnel,  and  during  the  remainder  of  the  term 
of  this  grant,  furnish  to  the  City  of  Colorado  Springs 
such  arc  lights  of  standard  2,000  candle-power  each  as 
may  be  required  by  the  City  for  the  purpose  of  lighting 
its   streets,  alleys   and  public  grounds,  at  the  rate  of 
$5.50  per  light  per  month,  said  lights  to  be  used  from 
sunset  to  sunrise  during  each  and  ever}'-  day  of  each  and 
every  month." 
The  City  claims  that  the  arc  lights  furnished  by  the  Company 
are  not  in  accordance  with  the  provisions  of  the  franchise,  as 
stated  above,  and  therefore  a  reduction  should  be  made  in  all 
bills  rendered  b}^  the  Company  to  the  City,  whether  paid  or  un- 
paid.   In  answering  the  claims  set  forth  by  the  City  in  the  Agree- 
ment of  Arbitration,  the  Company  made  the  contention  that  the 
City  was  estopped  from  claiming  damages  or  rebates,  at  least 
until  June  i,  1906,  by  reason  of  the  fact  that  the  City  paid  its 
bills  in  full  to  that  date,  and  on  other  grounds  which  were  duly 
set  forth  by  Counsel.     Both  parties  presented  arguments  and 
briefs  on  this  point. 

The  hearings  were  held  before  the  Arbitrators  in  Colorado 
Springs,  continuing  from  February  ist  to  9th,  inclusive,  the  City 
appearing  as  Plaintiff,  and  the  Company  as  Defendant,  both 
represented  by  able  Counsel.  An  unusual  number  of  expert 
witnesses  of  high  character  and  acknowledged  reputation  were 
examined,  all  of  whom  showed  an  evident  intention  to  give 
wholly  unbiased  facts  and  opinions. 

The  provisions  of  the  Agreement  of  Arbitration  that  all  evi- 
dence should  be  admitted  led  to  a  volume  of  testimony  which 
proved  in  a  way  an  embarrassment  of  riches.  The  case  appeared 
to  be  of  more  than  local  interest  and  of  wider  importance  than 
the  mere  money  involved.  These  conditions  necessitated  a  care- 
ful study  and  protracted  consideration  of  every  phase  of  the 
question,  which,  however,  has  enabled  the  Arbitrators  to  reach 
a  unanimous  conclusion. 

Analyzing  the  several  claims  made  by  the  two  parties  to  the 
controver.sy,  the  matter  has  been  considered  under  the  following 
heads : 

I.     Does   the    phrase   "Arc    lights   of   standard   2,000  candle- 


AWARD.  311 

power  each"  mean  an  arc  lamp  giving  2,000  actual  candle-power, 
or,  if  not,  what  was  the  generally  accepted  meaning  at  that  time? 

II.  Do  the  arc  lights  which  the  Company  has  furnished,  when 
operated  under  normal  conditions,  come  within  the  meaning  of 
the  phrase  "Arc  lights  of  standard  2,000  candle-power?" 

III.  If  the  lamps  furnished  by  the  Company,  when  operated 
under  normal  conditions,  have  not  fulfilled  the  requirements  of 
the  phrase  "Arc  lights  of  standard  2,000  candle-power,"  what  is 
the  extent  of  the  overcharge  measured  in  dollars  and  cents  due 
to  such  deficiency? 

IV.  Was  the  service,  which  the  Company  actually  furnished 
from  the  lamps  in  use,  such  as  might  reasonably  be  expected,  and 
if  not,  what  was  the  overcharge  expressed  in  dollars  and  cents 
due  to  defective  service? 

v.*   Was  the  City  estopped  from  claiming  any  refund? 
Considering  the  above  questions  in  detail : 

I.  "Does  the  phrase  'Arc  lights  of  standard  2,000 
candle-power  each'  mean  an  arc  lamp  giving  2,000  actual 
candle-power,  or  if  not,  what  was  the  generally  accepted 
meaning  at  that  time?" 

On  this  question  the  experts  on  both  sides  unanimously  agree 
that  at  the  date  of  the  granting  of  the  franchise,  namely:  Sep- 
tember 8th,  1898,  there  was  no  arc  light  in  use  for  street  lighting 
purposes  of  2,000  actual  candle-power  and  therefore  the  phrase 
cannot  be  taken  literally.  The  testimony  of  all  the  experts,  how- 
ever, shows  that  there  was  one  particular  type  of  arc  lamp,  name- 
ly: a  direct,  constant-current,  series,  open  arc  lamp  taking  9.6 
amperes  and  consuming  450  watts  at  the  arc  which  was  generally 
accepted  at  that  time  as  complying  with  the  meaning  of  the 
phrase. 

II.  "Do  the  arc  lights  which  the  Company  has  fur- 
nished, when  operated  under  normal  conditions,  come 
within  the  meaning  of  the  phrase  'Arc  lights  of  standard 
2,000  candle-power?'  " 

The  Arbitrators  have  no  difficulty  at  reaching  a  conclusion  on 
this  point  since  the  uncontradicted  testimony  of  the  expert  wit- 


312  AWARD. 

nesses  was  to  the  effect  that  the  lights  furnished  by  the  Com- 
pany did  not  come  within  the  meaning  of  this  phrase. 

III.  "If  the  lamps  furnished  by  the  Company,  when 
operated  under  normal  conditions,  have  not  fulfilled  the 
requirements  of  the  phrase  'Arc  lights  of  standard  2,000 
candle-power,'  what  is  the  extent  of  the  overcharge 
measured  in  dollars  and  cents  due  to  such  deficiency." 

In  arriving  at  an  answer  to  this  question,  the  Arbitrators  en- 
countered many  difficulties  arising  from  the  present  imperfect 
state  of  the  commercial  photometry  of  arc  lights,  the  meagreness 
of  evidence  on  some  points,  the  variance  of  expert  testimony  on 
other  points,  the  difficulty  of  selecting  a  satisfactory  standard  of 
comparison,  and  of  estimating,  on  a  dollar  and  cents  basis,  the 
difference  in  arc  lamps  of  such  widely  varying  characteristics. 

The  experts  generally  agreed  that  candle-power  measurements 
alone  do  not  fully  express  the  effective  values  of  arc  lamps  for 
street  lighting,  and  that  while  the  lamps  used  fell  short  of  meet- 
ing the  requirements  of  an  "arc  light  of  standard  2,000  candle- 
power,"  they  had  some  compensating  advantages. 

After  carefully  weighing  such  evidence  as  was  presented,  the 
Arbitrators  reached  the  conclusion,  everything  considered,  that 
twenty  per  cent.,  in  the  present  case,  is  a  fair  estimate  in  dollars 
and  cents  of  the  deficiency  of  the  lights  furnished  by  the  Com- 
pany as  compared  with  "arc  light  of  standard  2,000  candle- 
power,"  both  types  considered  as  operating  under  normal 
conditions. 

IV.  "Was  the  .service  which  the  Company  actually 
furnished  from  the  lamps  in  use,  such  as  might  reason- 
ably be  expected,  and,  if  not,  what  was  the  overcharge 
expressed  in  dollars  and  cents  due  to  defective  service?" 

The  Company  admitted  that  during  a  portion  of  the  period  in- 
volved in  this  controversy,  its  lamps  were  not  operated  under 
normal  conditions,  and  placed  in  evidence  a  complete  set  of  sta- 
tion records  covering  the  entire  period.  P>om  these  records  it 
appears  that  during  a  portion  of  the  time  the  lamps  were  op- 
erated below  their  proper  wattage,  and  for  another  portion  of  the 
time  above  their  normal  wattage.     There  appeared  to  be  a  dis- 


AWARD.  313 

crepancy,  however,  between  the  wattage  deHvered  at  the  lamp 
terminals,  as  computed  from  the  station  readings,  and  the  wat- 
tage as  actually  measured  by  tests  at  the  lamps.  During  the 
month  of  September,  1906,  measurements  were  made  of  the 
exact  wattage  of  every  lamp  in  the  City,  which  provided  data 
for  determining,  within  reasonable  limits  of  error,  the  actual 
amount  of  this  discrepancy  in  wattage.  The  discrepancy  thus 
determined  proved  to  be  6j4%>  which  has  therefore  been  used 
as  a  correction  constant  for  reducing  the  station  wattage.  The 
corrected  wattage  thus  obtained  was  used  to  determine  the 
candle-power  from  the  data  given  in  Prof.  Matthews'  tests,  made 
on  lamps  taken  from  the  City  circuits.  These  candle-powers 
compared  with  the  candle-power  of  a  lamp  operated  at  its  nor- 
mal wattage  (430)  were  expressed  in  per  cent.,  which  gave  the 
means  of  determining  the  deficiency  or  excess  of  service  sup- 
plied, compared  with  a  normal  lamp  of  this  type. 

V.     "Was  the   City  estopped  from  claiming  any  re- 
fund?" 

The  Arbitrators  requested  briefs  upon  this  question  from 
counsel  on  both  sides,  which  were  carefully  considered. 

The  Arbitrators  reached  the  conclusion  that  there  was  no  in- 
tention on  the  part  of  either  party  to  evade  the  obligations  of  the 
contract.  The  good  intention  of  the  Company,  could  not,  how- 
ever, be  held  as  justification  for  an  actual  deficiency  in  service, 
which  has  been  shown  to  exist.  On  the  other  hand,  the  fact 
cannot  be  overlooked  that  the  City  should  have  been  advised  in 
regard  to  a  matter  of  such  importance,  before  accepting  the 
service  furnished  by  the  Company,  or  at  least  before  having 
allowed  it  to  continue  for  so  long  a  time  without  protest.  For 
these  reasons  the  Arbitrators  consider  that  the  responsibility  is 
divided  between  the  Company  and  the  City  for  the  period  to 
June  I,  1906,  and  therefore  conclude  that  the  reduction  on  ac- 
count of  overcharge  for  this  period  should  be  figured  on  a  basis 
of  10%  in  place  of  the  20%  taken  after  June  i.  1906. 

The  percentages  as  given  under  III.  IV  and  V  have  been 
used  in  computing  the  results  which  go  to  make  the  total  award, 
the  tabulated  figures  are  shown  on  the  sheets  attached  hereto. 


314 


/IIVARD. 

CONCLUSIONS. 


The  moneta-  y  claims  made  by  the  City  were : 

1.  Claim  for  a  refund  on  bills  paid  prior  to  June  i,  1906; 

2.  For  a  reduction  of  bills  for  service  rendered  from  June  i, 
1906,  to  February  i,  1907. 

After  careful  consideration  of  all  facts  presented  in  evidence, 
and  for  the  reasons  given  above,  the  Arbitrators  make,  in  accord- 
ance with  the  Agreement  of  Arbitration,  and  under  authority  of 
the  statutes  of  the  State  of  Colorado,  the  following  award : 

1.  That  the  Pikes  Peak  Hydro-Electric  Company  shall  refund 
to  the  City  of  Colorado  Springs  the  sum  of  $4,612.12. 

Interest  on  these  overcharges  computed  at  8%  to  April  i,  1907, 
amounting  to  $519.34,  is  awarded  the  City,  in  accordance  with  the 
stipulations  of  the  Agreement  of  Arbitration. 

2.  That  the  bills  of  the  Pikes  Peak  Hydro-Electric  Company 
against  the  City  of  Colorado  Springs  for  service  rendered  from 
June  I,  1906,  to  February  i,  1907,  shall  be  reduced  by  the 
amount  of  $2,056.43. 

Interest  on  the  bills  thus  corrected,  due  the  Company,  com- 
puted at  8%  to  April  i,  1907,  is  $307.22,  which  amount  is  awarded 
to  Pikes  Peak  Hydro-Electric  Company  in  accordance  with  the 
stipulations  of  the  Agreement  of  Arbitration. 

3.  That  in  accordance  with  the  statutes  of  Colorado  the  Ar- 
bitrators declare  that  the  statutory  fee  of  three  dollars  per  day 
for  each  Arbitrator  amounts  to  $243.00,  which  amount  is  awarded 
to  the  City  of  Colorado  Springs  to  be  paid  by  the  Pikes  Peak 
Hydro-Electric  Company. 


^l^&u^ 


AWARD. 


31S 


PART  I. 

BILLS  PAID  BY  THE  CITY. 
TABLE. — Tabulation  to  determine  amount  of  overcharge  by 

the   Pikes   Peak   Hyrdo-Electric   Company  against  the   City  of 

Colorado  Springs  on  bills  for  services  from  February,   1905,  to 

June  I,  1906,  and  the  amount  to  be  refunded  (Column  I)  with 

interest  thereon  (Column  J)  to  April  i,  1907. 

EXPLANATION  OF  HEADINGS. 

Column  A. — Months  wherein  service  rendered. 

Column  B. — Amount  of  bills  as  presented  and  paid. 

Column  C. — Average  wattage  per  lamp  from  the  station  records. 

Column  D. — The  amounts  in  Column  C  reduced  by  correction 
obtained  from  September  measurements. 

Column  E. — The  candle-power  corresponding  to  the  wattage  of 
Column  D. 

Column  F. — Per  cent,  the  candle-powers  in  Column  E  are  of  the 
normal  candle-power  of  the  lamp. 

Column  G. — The  percentage  in  Column  F  reduced  by  an  addi- 
tional allowance  of  10%,  giving  the  percents  of 
the  bills  which  should  have  been  paid. 

Column  H. — The  difference  between  the  percents  in  Column  G 
and  100%,  being  the  amount  of  overcharge  ex- 
pressed in  per  cent. 

Column  I. — The  overcharge  for  the  month,  being  the  amount  of 
the  bills  in  Column  B  multiplied  by  the  per  cent, 
in  Column  H. 

Column  J. — The  interest  on  the  amounts  in  Column  I  at  8% 
computed  to  April  i,  1907. 

TABLE  1905. 


A. 

B. 

C. 

D. 

E. 

F. 

G. 

H. 

I. 

J. 

Feb. 

610.50 

418 

392 

218 

82.6 

74-3 

25-7 

$156.90 

26.15 

March 

1226.50 

429 

402 

230 

87.1 

78.4 

21.6 

264.92 

42.39 

April 

1232.55 

438 

411 

241 

91-3 

82.2 

17.8 

219-39 

33-63 

May 

1245-45 

432 

405 

234 

88.6 

79-7 

20.3 

252.83 

37-09 

June 

1253.82 

432 

405 

234 

88.6 

79-7 

20.3 

254-53 

35-63 

July 

1254.00 

428 

401 

229 

86.7 

78.0 

22.0 

275-88 

36.78 

August 

1310.90 

432 

405 

232 

87.9 

79.1 

20.9 

273-98 

34-60 

Sept. 

1287.00 

428 

401 

228 

86.4 

77.8 

22.2 

285.71 

34-28 

Oct. 

129590 

425 

398 

225 

85.2 

76.7 

23.3 

301.94 

•  34-22 

Nov. 

1298.00 

428 

401 

229 

86.7 

78.0 

22.0 

285.56 

30.46 

Dec. 

1298.00 

405 

380 

204 

77-2, 

69.6 

30.4 

394-59 

3946 

3i6 

AWARD. 

TABLE 

1906. 

Jan. 

1308.45 

401 

376 

199 

75-4 

67.9 

32.1 

420.01 

39-20 

Feb. 

1321.47 

412 

386 

211 

79-9 

71.9 

28.1 

371-33 

32.18 

March 

1328.43 

416 

390 

216 

81.8 

73.6 

26.4 

350.71 

28.06 

April 

1335.40 

437 

410 

240 

90.9 

81.8 

18.2 

243.04 

17.82 

May 

^337-42 

434 

407 

236 

89.4 

80.5 

19s 

260.80 

17-39 

$19943.70  $4612.12  $519.34 

SUMMARY  OF  TABLE  L 

Total  amount  of  bills  presented  and  paid  by  the  City.  .  .$19,943.79 
Total  amount  to  be  refunded  to  City  by  the  Company.  .  4.612. 12 
Interest  on  the  amounts  to  be  refunded 519-34 


Total  amount  to  be  paid  the  City  on  account  of  over- 
charges and  interest  to  June  i,  1906 $5,131.46 


PART  II. 

BILLS,  PAYMENT  WITHHELD  BY  THE  CITY. 
TABLE. — Tabulation  to  determine  the  amount  by  which  the 
bills  of  the  Pikes  Peak  Hydro-Electric  Company  against  the 
City  of  Colorado  Springs  for  services  from  June  i,  1906,  to 
February  i,  1907,  should  be  reduced,  the  amount  of  the  bills 
after  reduction  (Column  I)  to  be  paid  by  the  City  and  the  in- 
terest thereon  (Column  J)  to  April  i,  1907. 

EXPLANATION  OF  HEADINGS  IN  TABLE. 
Column  A. — Months  wherein  service  rendered. 
Column  B. — Amount  of  bills  as  presented  but  payment  with- 
held. 
Columns  C,  D,  E,  and  F,  sec  Table  I  (same). 
Column  G. — The  amounts  in   Column   F   reduced  by  20%   per 

paragraph  III,  the  difiference  in  the  lights. 
Colum.n   I. — The  amount  of  the  bills  in  Column  B  multiplied  by 
the  percents  in  Column  G.  giving  the  amount  of 
the  bill  to  be  paid  by  the  City. 

The  difference  between  the  amounts  in  Col- 
umn 1  and  Column  B  will  give  the  amount  of  the 
reduction  of  the  bill  presetited. 
Column  J. — Eight  per  cent,  of  the  amounls  in  Column  I,  being 
the  interest  due  the  Company  by  the  City  to 
April  I,  1907, 


AWARD.  317 

TABLE  1906. 

A.             B.            C.          D.         E.  F.  G.               I.              J. 

June         1342.00         427         400         228  86.4  69.1  927.32  55.64 

July          1342.00         414        388        213  80.7  64.6  866.94  46.24 

August    1342.00        425         398         225  85.2  68.2  915-25  42.71 

Sept.        1347.50         487         457         296  1 12. 1  89.7  1208.71  48.35 

Oct.          1350.80         495         464        304  1 15.2  92.2  1245.44  41.52 

Nov.         1358.50         488        457         296  112.1  89.7  1218.57  32.50 

Dec.         1376.60        484        453        291  1 10.2  88.2  1214.16  24.28 

TABLE  1907. 

Jan.          1391.50         477        447         284  107.6  86.1  1108.08  15.98 

$10,850.90                                                                               $8794.47     $307.22 
SUMMARY  OF  TABLE  IL 
Amount  of  bills  presented  by  the  Company  and  unpaid. $10,850.90 
Amount  of  reduction  in  bills 2,056.43 

Amount  to  be  paid  to  the  Company  by  the  City $8,794.47 

Interest  on  the  payments  withheld 307.22 

Total  payment  to  the  Company  for  services  from  June 

I,  1906,  to  January  31,  1907,  with  interest $9,101.69 

FINAL  SUMMARY. 

Refund  to  City,  per  Table  I $4,612.12 

Reduction  from  face  of  bills  after  June  i,  per  Table  II . .     2,056.43 

Total $6,668.55 

Interest  due  City,  per  Table  I $519.34 

Interest  due  Company,  per  Table  II 307.22 

Excess  of  interest  due  City 212.12 

Arbitrators'  fees 243.00 

Award  to  City $7,123.67 

SUMMATION  OF  THE  ACCOUNT  BETWEEN  CITY  AND 

COMPANY  TO  FEBRUARY  i,  1907. 
Total   of  bills  presented   for  service   from  June   i   to 

February  i  unpaid,  as  per  Table  II $10,850.90 

Total  Award  to  City 7,123.67 

Difference  due  Company  to  balance  accounts  to  Feb- 
ruary I,  1907,  from  City $3,727.23 


INDEX.  319 


INDEX. 

Abandonment  of  Open  Arc  Lamps,  Adams,  185;  Marks,  162;  Ryan,  193. 

Adams,  Alton  D.,  direct  examination,  168;  cross,  170;  re-direct,  195. 

Adjustment  of  Lamps,  Dillon,  252;  Shedd,  128;  Strieby,  190. 

Angle  of  Light,  Ryan,  195,  199,  204. 

Anthony,  Prof.  W.  A.,  Discussion  of  N.  E.  L.  A.  Resolution,  157,  179,  259. 

Apparatus  of  P.  P.  H.-E.  Co.  in  Colorado  Springs,  Taflf,  187. 

Arbitration  Agreement,  Preliminary  Ex.  No.  2,  40. 

Arbitration  Agreement.  Final   Ex.   No.  3,  43. 

Arc,  Half  and  Full,  Bell,  277. 

Arc  Lamp,  Multiple  D.  C.  Introduced,  Bell,  282. 

Arc  Lamps,  Ribbon-feed  and  Thompson  '93,  Marks,  161;  Ryan,  192-216. 

Arc  Lamp,  Series  A.  C.  Introduced,  Bell,  282;  Ryan,  217. 

Arc  Lamps,  2,160  C.  P.  Actual,  Ryan.  219. 

"Arc  Lights  of  Standard  2,000  Candle-Power,"  Adams,  168;  Bell,  174; 
Dillon.  248-250;  Humphrey,  230;  Lawler,  238;  Marks,  148,  156; 
Matthews,  134;  Ryan,  211;  Schuchardt,  257. 

Arc  Light  of  2,000  C.  P.,  Anthony,  108;  13ell.  176,  278;  Matthews,  134; 
Marks,  148,  156;  Nichols,  108;  Ryan,  194,  273:  Schuchardt,  257. 

Arc  Light  Sold  by  Wattage,  Bell,  281;  Ryan.  213,  222. 

Arc,  Wandering,   Matthews,   137;   Ryan,  224. 

Armstrong,  Prof.  J.  R.,  examination,  187. 

"Art  of  Illumination,"  Bell,  1902,  Ex.  N.  115;  quotations,  261,  277;  ex- 
plained, 277. 

Award  of  Arbitrators,  309. 

Babbitt,   K.   R.,  Attorney,  262,  268. 

Bardon  Arc  Lamps  in  Europe,  Marks,  153. 

Basis  for  Award,  Watts  Only.  Ryan,  213. 

Basis  for  Contract,  Matthews,  136;   Ryan,  222;   Dillon,  248;   Schuchardt, 

257- 

Bell,  Dr.  Louis,  direct  examination,  170;  cross.  176;  re-direct,  180;  re- 
cross,  181;  re-re-direct,  183;  re-re-cross,  184;  in  rebuttal,  277. 

Bills  for  Lighting  Service,  Exs.  4-20,  48;  Ex.  30,  65;  Tripp,  263,  265. 

Brookline,  Using  D.  C.   Enclosed  Lamps.  Bell,   178. 

Brookline   Street   Illumination.   Ryan,  205. 

Brophy,  Mr.,  discussion  of  N.  E.  L.  A.  Resolution,  157,  172. 

Carbons,  A.   C.   Lamps,  Ex.  Nos.  33-34,  68. 

Carbons,   D.   C.  Lamps,  Ex.   Nos  35-36,  68. 

Carbons,  Cost  of  for  European  Lamps,  Marks,  164;  Ryan,  210. 

Carbons.  Heating  and  Shape  in  A.  C.-D.  C.  Lamps,  Adams,  168;  Marks. 

152;  Shedd,  146,  151;  Ryan,  226. 
Carbons,  Volatilizing  Point,  Ryan,  226. 
Candle  Feet — Foot  Candles,  Dillon,  255:  Ryan,  220. 
Candle-power    Basis    for    Contracts,    Dillon,    248.    250;    Humphrey.    231; 

Matthews.  136;  Ryan,  208,  213,  222;  Schuchardt,  257. 
Candle-power  Curves  Disregard  Feeding,  Matthews,  145:  Ryan,  208,  221. 
Candle-power  Curve  Ex.  G  Discussed,  Matthews.  138,  140:  Ryan,  206. 
Candle-power  Expected  Under  Franchise.  Rouse.  119;  Mclntyre,  120. 
Candle-power,  Hemispherical,   Mow  Obtained,  Ryan,  228. 
Candle-power,   Illumination   Better  than   Indicated   By.   Bell.    183;    Ryan, 

195,    198. 
Candle-power  Impracticable  for  Charging,  Ryan.  210:  Humphrey,  231. 
Candle-power,  Incandescent  Lamps  not  Maintained,  Ryan,  214-215, 


320  INDEX. 

Candle-power  Indefinite  Term,  Bell,  i8i,  278,  279;  Dillon,  249;  Humphrey, 

231;  Marks.  158;  Ryan,  214;  Schuchardt,  257. 
Candle-power,  Lower  Hemispherical  Obtained.  Ryan,  225. 
Candle-power,  More  Effective  Near  Horizontal,  Ryan,  204. 
Candle-power,    Open    and    Enclosed    Arcs,    Adams,    168;    Bell,    174,    177; 

Dillon,   248,   254;    Marks,    149,    165;    Matthews,    133;    Ryan,    106,   212; 
Candle-power,  Spherical,  Fairest  Rating,  Ryan,  210. 
Candle-power,  Spherical,  No  Basis  Charge.  Ryan,  209. 
Candle-power,   Spherical,  Method   Deriving,   Ryan,  226,   283. 
Candle-power,  Standard  for  Light  Measurement,  Bell,  182;  Adams,  185. 
Candle-power,  9.6  Ampere   Fluctuates,   Flumphrey,   230;    Ryan.  208,   221, 

283;  Shedd,  275. 
Candle-power,  9.6  Ampere  Open  Arc,  N.  E.  L.  A.,  107.     See  Resolution. 
Candle-power,  Actual  2,000,  Matthews,   137;  Adams.  170. 
Candle-power,  2,160  Actual,  Ryan,  219. 

Commission  of  Massachusetts  Reports,  Adams,  169,  279;  Bell,  279. 
Commission  of  New  York  Reports,  Adams.  169. 
Companies  Eligible  N.  E.  L.  A.  1894.  Bell,  176;  Ryan,  211. 
Compilation  of  Station   Records,  Average  Wattage,   113. 
Conference,   Alderman    Perkins'   Office,    MacMillan,   272;   Taff,   267,   269; 

Tripp,  262,  264. 
Constant    Current,    Generators,   Lamps   9.6   Amp.    Discontinued,    Adams, 

169;  Humphrey,  233;  Marks,  165;  Ryan,  217. 
Contract,  City  and  Lowe  G.  &  E.  Co.,  Ex.  No.  21,  49. 
Contract.  City  and  El  Paso  Co.,  Ex.  No.  22,  53. 
Contract,  City  and  C.  S.  Electric  Co.,  Ex.  No.  23,  56. 
Contract.  P.  P.  H.-E.  Co.  and  C.  S.  Electric  Co..  Ex.  No.  48,  76. 
Contract,  P.  P.  H.-E.  Co.  and  C.  S.  Electric  Co.  Discussed.  Tripp,  265. 
Cost,  Carbons  Europe,  Marks,  164;  Ryan,  210. 

Cost,  Discontinuance  Open  Lamps.  Adams,  169;  Marks,  165;  Ryan,  194. 
Cost,  Foreign  Lamps,  Ryan,  210;  Marks,  154,  164. 
Cost,  Operation  of  A.  C.  and  D.  C.  Lamps,  Marks,  150;  Ryan,  227. 
Current  for  A.  C.  Lamp,  Ryan,  211. 
Curves,  A.  C.  Lamps,  Ryan,  71,  220,  228. 
Curves,  D.  C.  Lamps,  Ryan,  72,  220,  228. 
Curves,  Lead  Pencil,  Shedd,  87. 

Curve,  Average  Watts,  Per  Lamp,  114;  Dillon,  246. 
Curves,  Ex.  G  Discussed,  Ryan,  206,  274;  Matthews,  138,  140. 
Curves,  Illumination,  Lamps  Compared,  Ryan,  220. 
Curves,  Blackboard,  Ryan,  70. 
Curves,  Max.  C.  P.,  Ex.  No.  28,  Hem.  C.  P.,  Ex.  No.  29,  Matthews,  142, 

144;   Marks,   164;  Shedd,  63,  64,  274;   Ryan,  69. 
Curves,  Open  and  Enclosed  Lamps,  Figs.  3-6,  89. 
Curves,  Open  and  Enclosed  Lamps,  Ryan,  195,  197,  221. 
Curves,  Polar  and  Rousseau,  "J"  and  "M",  Shedd.  66. 
Curves,    Polar    and    Rousseau,    Various    Lamps.    Matthews,    67;    Ryan, 

206,  274. 
Curves,  Sale  Arc  Lamps,  Ex.  I,  104. 
Curves,  9.6  Ampere  Open  Arc,  Don't  Include  Feeding,  Matthews,   145; 

Ryan,  208,  221. 

Definition  N.  E.  L.  A.  Changes,  Bell,  281;  Marks.  165. 
Denver  Lighting  by  A.  C.-D.  C.  Lamps,  Humphrey,  232,  233. 
Denver,   Luminometer  Tests,   Dillon,   248;   Ryan.  203. 
Dillon,  E.  P.,  Company's  Expert,  direct  examination,  241. 

Cross,  249;  re-direct,  256;  re-cross.  256. 
European  Arc  Lamps  and  Costs,  Marks,  153,  154,  164;  Ryan,  210.  222. 


INDEX.  321 

Exhibit  No.       i  Jackson  Franchise    33 

"  2  Preliminary  Arbitration  Agreement 40,  270 

"  "         3  Agreement  of  Arbitration 43 

"  "    4-20  Monthly  bills  for  lighting  service 48 

"  "        21  Contract,  Lowe  Gas  &  Electric  Company....       49 

"  "        22  Contract,  El  Paso  Electric  Company 53 

"        23  Contract,  Colorado  Springs  Electric  Company       56 

"  "        24  Draft  of  proposal  Jackson  Franchise 60 

"        25  Original,  executed  copy  of  Jackson  Franchise       60 

"  "        26  Tabulation  of  tests  on  street  arc  lamps 61 

"        27  Tabulation  of  tests  on  street  arc  lamps 62 

"        28  Curve,  relation  of  watts  to  maximum  C.  P.. 63,  275 

"        29  Curve,   relation  of  watts  mean-hemispherical 

C.  P 64,  275 

"  "        30  Bill  for  lighting  service,  January,  1907 65 

"        31  Polar  diagrams  and  Rousseau  curves 66 

"        32  C.  P.  curves  of  various  types  of  arc  lamps. ...       67 

"  "33-34  Carbons  from  D.  C.  series  open  arc  lamps...       68 

"  "35-36  Carbons  from  A.  C.  series  open  arc  lamps...       68 

"  "        2>7  Map  showing  location  of  lamps  removed  for 

tests  68 

"  "        38  Illumination  curves  of  arc  lamps 69 

"           "       39             Blackboard  sketches  of  candle-power  curves. .       70 
"           "       40             Polar  diagrams  of  A.  C.  enclosed  arc  lamps. 71,  228 
"           "       41             Polar  Diagrams  of  D.  C.  enclosed  arc  lamps. 72,  228 
"           "  42-43             Photographs    showing    Prof.    Shedd's    experi- 
ments           72 

"           "  44-45             Photographs    showing    Prof.    Shedd's    experi- 
ments           72 

"  "        46  Resolution  of  Council  of  Colorado  Springs.. 

72,  264,  269 

"  "       47  Letter  of  Mr.  G.  A.  Taflf,  January  12,  1905 

75,  269,  272 
"  "        48  Contract,  Pike's  Peak — Colorado  Electric  Cos.       76 

49  Letter  from  Mr.  G.  A.  Taflf,  January  12.  1905, 

86,  269,  272 

"  "        50  Rousseau  diagram  of  arc  lamps 87 

"  "     Ai  Volume  105,  Federal  Reporter 87 

A  2  Resolution,  N.  E.  L.  A.,  1894 87,  175 

"                     B             Paper  read  before  Ohio  Electric  Light  Asso- 
ciation     88,  194 

"  C  Clear  inner  globe  for  A.  C.  enclosed  arc  lamp     loi 

"  D  Opal  inner  globe  for  A.  C.  enclosed  arc  lamp     loi 

"  E  Luminometer  Card,  No.  i 102 

"  F  Luminometer  Card,  No.  2 103 

"  G  Copy  of  Exhibit  No.  32  enlarged 104 

"  H  Proceedings,  N.  E.  L.  A.,  1894 104 

"  I  List  of  scales  of  enclosed  arc  lamps 104 

"  J  Mr.   Ryan's  report  on  the  Colorado   Springs 

system    105,  234,  247 

"  K  Order  for  6.6  ampere  enclosed  arc  lamps.,  no,  279 

"  L  Additional  tests  of  lamps,  addendum  to  Ex.  J, 

III,  247 

"  M  1-23  Monthly  station  lighting  records 112,  244 

"  M  24  Computation  from  Exhibit  M  1-23 113,  244 

M  25  Curve  representing  Ex.  M  24  diagramaticallyl 

114.  245 
N  Volume  "Art  of  Illumination,"  by  Dr.  Louis 

Bell 115,  277 


322  INDEX. 

Exhibit  O  Pamphlet  "Light  and  Illumination,"  by   Mr. 

W.  D'A.  Ryan 115 

P  Paper    "Illuminating    Engineering,"    by    Mr. 

W.  D'A.  Ryan 115 

Q  Inspector's  nightly  reports  and  load  sheet...      115 

Experts  as  Examiners,  139. 

Eye,  Ability  to  Measure  Light  Closely,  Bell,  178;  Matthews,  144;  Marks, 
159,  160;  Ryan,  205. 

Figure  I  Comparison  of  sun,  arc  and  gas  lights 88 

2  Law  of  inverse  squares   88 

3-4  Candle  Power  Curves   89 

"    SA,  5B  "  "  "         90 

"    6A,  6B  "  "  "         91 

7  Light  Distribution   92 

8-9  Light  Fluctuation  and  Distribution  93 

10  Luminometer  Tests   94 

;;       "  ;;  "    9s 

12  "    96 

"      13  "  "  97 

14  "  98 

;;      15  "  "  99 

16  "  "  100 

17-18  D.  C.  and  A.  C.  carbon  tips 100 

19  A.  C.  carbon  tips 100 

20  Illumination  from  D.  C.  open  arc  lamp 100 

21  Illumination  from  6.6  amp.  A.  C.  enclosed  lamp.  100 
Federal  Reporter,  Vol.  105,  A  i,  87. 

Feeding,    Open    vs.    Enclosed    Lamps,    Matthews,    138;    Ryan,    221,    283; 

Shedd,  274. 
Foot-candles — Candle-feet,  Dillon,  255;  Ryan,  220. 
Freak  Readings,  Arc  Lamps,  Dillon,  249;  Ryan,  198,  202,  220. 

Gas,  Measured  in  C.  P.,  Sold  in  Feet,  Ryan,  213. 

General  Electric  Arc  Lamps,  Ratings  By,  Dillon,  252;  Shedd,  125;  Ryan, 

192,  210,  216. 
General  Electric  Co.  Purchased  Lamp  Patents,  173. 
General  Electric  Co.  Bulletin  Lamps  in  Use,  185. 
Globe,  Blackening  of  Incandescent,  Ryan,  215. 

Globe,  Effect  of  on  Arc  Lamps,  Bell,  178;  Ryan,  198,  215;  Schuchardt,  259. 
Globe,  Inner  Clear,  Ex.  C,  loi. 
Globe,  Inner  Opal,  Ex.  D,  loi. 

Hand-fed  Arc  Lamp,  Matthews,  141. 
Hissing-point  Arc  Lamps,  Ryan,  206. 
Horizontal  Candle-power,  Ryan,  215. 

Humphrey,   C.   W.,   Company's   Expert,   direct   examination,   230;   cross, 
231;  re-direct,  233. 

Illumination  Curves,  Ex.  No.  38,  Ryan,  69. 

Illumination  in  Luminometer,  Ryan,  203. 

Illumination  6.6  A.  C.  vs.  9.6  D.  C.,  Bell,  177;  Dillon,  248,  254;  Humphrey, 

230;  Marks,  149;  Matthews,  138;  Ryan,  207,  221. 
Illumination,   Better  than   Indicated  by  Candle-power,   Bell,   183;   Ryan, 

204;  Schuchardt,  260. 
Illumination,  Method  of  Figuring,  Ryan,  220,  225. 
Incandescent  Lamps,  Current  not  Light  Sold,  Ryan,  213. 
Incandescent  Lamps  Don't  Maintain  C.  P.,  Ryan,  214-215. 
Incandescent  Lamps  Rated  by  Horizontal  C.  P.,  Ryan,  215. 
Incandescent  Lamps  Sold  on  Hour  Basis,  Bell,  281;  Ryan,  214. 
Interior  vs.  Exterior  Lighting.  Bell,  178. 
Intermittent  Light,  A.  C.  Lamp,  Shedd,  145;  Ryan,  204. 


INDEX.  323 

International  Electric  Congress  Report,  Ex.  J,  Ryan,  105;  Matthews,  136. 
Inventor,  Enclosed  Arc  Lamp,  Marks,  173. 

Jackson  Franchise,  Ex.  No.  i,  33. 

Jackson  Franchise,  Sec.  9  Lighting  Clause,  z^. 

Jackson  Franchise,  Discussion,  MacMillan,  117. 

Jackson  Franchise,  Interlineations,  118,  120. 

Jackson  Franchise,  C.  P.  Expected.  iiQ,  120. 

Jackson  Franchise,  Compliance  with,  Dillon,  256. 

Jackson  Franchise,  Not  Fulfilled  by  6.6  Lamp,  Marks,  161;  Bell,  180. 

Jackson  Franchise,  Fulfilled  by  7.5  Lamp,  Bell,  180. 

Lamps,  see  also  Light  and  Arc  and  Incandescent  Lamp. 

Lamps,  A.  C.  Give  Intermittent  Light,  Ryan,  204.     Shedd,  145; 

Lamp,  A.  C,  in  N.  E.  I/.  A.  Resolution,  Adams,  171;  Anthony,  157,  179, 

259;  Bell,  175,  180;  Marks,  157;  Ryan,  210. 
Lamps,  A.  C.  Used  in  1898,  Wagner,  193;  Schuchardt,  259. 

Humphrey,  230;  Marks,  155,  161;  Matthews,  137,  138;  Ryan,  193,  208, 

221,  283;  Shedd,  275;  Schuchardt,  258. 
Lamps,  A.  C.  450  Watts — 2,000  C.  P.,  Adams,  170;  Bell,  177;  Marks,  158, 

161;  Matthews,  135. 
Lamps,  Adjustment  of  Colorado  Springs,  Dillon,  252,  253;  Lawler,  236,  238. 
Lamps,    Advantages    and    Disadvantages   of  9.6   Open    Lamp,    Bell,    193; 
Lamps,  Average  Condition  Colorado  Springs,  Ryan,  224;  Shedd,  121-125; 

Strieby,  190. 
Lamps,  Average  Watts  Per,  Ex.  M  24,  113. 
Lamps,  Average  Watts  Per,  Ex.  M  25,  114. 
Lamps,  Average  Watts  Per,  Dillon,  245;  Shedd,  276. 

Lamps,  Candle-power  2,000  Actual,  Adams,  170;  Matthews,  137;  Ryan,  194. 
Lamp  Candle-power,  2,160  Actual,  Ryan,  219. 
Lamps,    Comparison    Costs,    Europe — United    States,     Marks,     154,     164; 

Ryan,  210,   220,  222. 
Lamps,  Cost  of  Second-Hand,  Humphrey,  232. 
Lamps,  Cost  of  Operating  Arc,  Adams,  169,  185;  Bell,  184;  Marks,  150, 

154;  Ryan,  227;  Thompson,  Prof.,  170. 
Lamps,  Current  in  A.  C,  Ryan,  211. 
Lamps,  D.  C.  Open,  Defined,  Bell,  175,  176;  Dillon,  248,  250;  Marks,  148; 

Nichols,  273. 
Lamps,  Decrease  in  D.  C,  Adams,  169;  Bell,  184;  Marks,  153;  Ryan,  193. 
Lamps,  Development  of  Arc,  Bell,  280;  Marks,  156,  161;  Ryan,  192,  217. 
Lamps,    Economy    Enclosed   Less   than   Open   Thompson,    170;    Nichols, 

'^72',  Ryan,  218. 
Lamps,  Enclosed  Invented  by,  Marks,  173. 
Lamp,  Enclosed,  Multiple  Introduced,  Ryan,  217. 
Lamps,  Incandescent,  Current  not  Light  Sold,  Ryan,  213. 
Lamps,   Incandescent,   Don't   Maintain   C.   P.   Sold,   Ryan,  214,  215. 
Lamps,  Incandescent  Rated  by  Horizontal  C.  P.,  Ryan,  215. 
Lamps,  Incandescent,  Sold  on   Hour  Basis,  Ryan,  214;   Bell,  281. 
Lamps,  Installed  in  United  States,  Adams,  185;  Ryan,  213. 
Lamps,  Knowledge  of  Number  Unnecessary  for  Test,  Shedd,  123. 
Lamps,  New  and  Old  Test  Differently,  Shedd,  131. 
Lamps,  Nernst  for  Street  Lighting,  Humphrey,  22Z- 
Lamps,  Open,  Described,  Marks,  161. 
Lamps,   Open   vs.    Enclosed,   Adams,    169,    186;    Bell,    177,    180,    183,    184 

Dillon,  248,  254:  Humphrey,  230;  Marks,  150,  154,  159,  161,  166,  165 

Matthews,i35;   Ryan,   195,   196,  225;   Schuchardt,  257,  260:  Tafif.  267 

Toledo   Co,,  280. 
Lamps,  Operation  of  Open  not  Profitable,  Bell.  183. 
Lamps,  Rating  by  G.  E.  Co.,  Shedd,  125;  Dillon,  252. 


324  INDEX. 

Lamps,  Rating  by  Cities,  Bell,  280. 

Lamps,  Rating  Should  be  Maximum  C.  P.,  Ryan,  194;  Dillon,  250. 

Lamps,    Reasons    for    Discontinuing    Open    and    Introducing    Enclosed, 

Adams,  169;  Bell,  184;  Marks,  150,  162,  165;  Ryan,  227;  Schuchardt, 

259;  Thompson,  Prof.,  170. 
Lamps,  Ribbon  Feed  Thompson  '93,  Marks,  161;  Ryan,  216. 
Lamps,  Substitution  Enclosed  for  Open,  Adams,  170;  Ryan,  283. 
Lamps  Tested  at  Purdue,  Shedd,   124;   Matthews,   133. 
Lamps  Tested  at  Purdue,  Ex.  Nos.  28-29,  63,  64. 
Lamp  Tests,  Fairness  of.  Based  on  3  Per  Cent.,  Bell,  179;  Marks,  163; 

Matthews,  143;  Ryan,  204;  Shedd,  125,  131. 
Lamps,  Tests  of  from  Station  Output,  Bell,  179;  Dillon,  244,  246;  Marks, 

163;  Matthews,  142;  Ryan,  179. 
Lamps,  Tests  of  Open  and  Enclosed,  Matthews,  140. 
Lamp,  2  Amp.,  450  Volt,  Dillon,  252. 
Lamp,  4  Amp.,  450  Volt,  Dillon,  252. 
Lamp,  6.6  Distinct  from  7.5  Ampere,  Bell.  182. 
Lamps,  7J4   A.   C.   Equivalent  to  9.6  Open   Lamp,   Bell,   178-183;   Dillon, 

248;  Marks,  161. 
Lamps,  Tested  in  C.  S.,  See  Tests,  Method  of  Conducting  on  Street. 
Lawler,   J.    C,    Company's    Expert,   direct   examination,   234;   cross,  236; 

re-direct,  239;  re-cross,  239. 
Light,  Arc,  Sold  by  Wattage.     See  Wattage. 

Light,  Color  of,  from  A.  C.-D.  C.  Lamps,  Bell,  179;  Marks,  151,  155. 
Light  Determined  by  Watts,  Matthews,  135;  Marks,  148;  Ryan,  208. 
Light,  Distribution  and  Fluctuation,  Ex.  B,  88,  194. 
Light  Energy  15  Per  Cent.  P.  P.  H.-E.  Co.  Output.  Taff,  187. 
Light  from  Open  and  Enclosed  Lamps,  Adams,  168;  Bell,  176-183;  Dillon. 

248;  Humphrey,  231;   Marks,   149,   151,   155;   Matthews,   135;   Nichols, 

273;  Ryan,  194,  207,  209;  Shedd,  145. 
Light,  Measured  in  C.  P.,  Bell,  182;  Matthews,  136;  Ryan,  220. 
Lighting,  Interior  vs.  Exterior,  Bell,  178. 
List  of  Witnesses  for  Defendant,  30. 
List  of  Witnesses  for  Plaintiff,  29. 
Luminometer  Card  i,  Ex.  E,  102. 
Luminometer  Card  2,  Ex.  F,  103. 
Luminometer  Defects,  Ryan,  218. 
Luminometer  Explained,  Ryan,  192,  201,  202. 
Luminometer  Not  Safe  in  Inexperienced  Hands,  Ryan,  203. 
Luminometer,  Number  in  Use,  Ryan,  218. 

Luminometer  Tests,   Colorado   Springs   and   Denver,   Dillon,  248;   Ryan. 
Luminometer  Tests,  Comparing  A.  C.  Lamps,  Ex.  B,  Fig.  11,  95. 
Luminometer  Tests.  Comparing  Lamps,  Fig.  15,  99. 
Luminometer  Tests,  Comparing  Lamps,  Fig.  16,  100. 
Luminometer  Tests,  Lamps  and  Wattage  Per  Mile,  Ex.  B,  Fig.  12.  96. 
Luminometer  Tests,  Lamps  and  Wattage  Per  Mile,  Fig.  13,  97. 
Luminometer  Tests,  Showing  Efficiency,  Fig.  14.  98. 
Luminometer  Tests.  Showing  Globe  Effects,  Ex.  B.  Fig.  10,  94. 
Luminosity  of  Arc  Carbons,  Marks,  151,  155;  Shedd,  146. 
Lecture  on  Light  from  .\rc  Lamps,  Shedd,  145. 
Lecture  on  Light  Criticised.  Ryan.  221,  226;  Lawler,  235. 
Letter,  Taff  to  City,  Ex.  No.  47.  75. 
Letter,  Taff  to  City,  Ex.  No.  49,  86. 
Light,  see  also  Lamp  and  Arc  Light. 

"Light  and  Illumination  Engineering,"  Ex.  O,  Ryan,  115. 
Light,  Arc  of  2,ocx)  Standard  C.  P.,  see  Arc  Light. 

MacMilian,  K.  M.,  City  Clerk,  direct  examination.  116;  cross,  117;  in  re- 
buttal, 272. 


INDEX.  325 

Manitou,  Plant  of  P.  P.  H.-E.  Co.,  267. 

Map.  Memorandum,  Ex.  No.  37,  68. 

Marks,  L.  B.,  City's  Expert,  direct  examination,  148;  cross,  155;  re-direct, 

164;  re-cross,  165;  re-re-direct,  166;  re-re-cross,  173. 
Massachusetts,  Commission  of  Gas  and  Electric  Light,  Adams,  169;  Bell, 

279- 

Matthews,  Chas.  P.,  City's  Expert,  direct  exammation,  133;  cross,  135;  re- 
direct, 14s;  re-cross,  145. 

Maximum  Candle-power  Rating.  Dillon,  250;  Ryan,  88,  194,  283. 

Mclntyre,  W.  H.,  Ex-Councilman,  direct  examination,  119;  cross,  120. 

Membership  N.  E.  L.  A.  1894,  Bell,  176;  Ryan.  211. 

Mendenhall,  Dr.  T.  C,  107,  136. 

Meters,  Accuracy  of,  Dillon,  243;  Lawler.  235;  Shedd,  276. 

National  Electric  Light  Association  Tests,  Matthews,  133. 

National  Electric  Light  Association  Membership,  Bell,  176;  Ryan,  211. 

National  Electric  Light  Association  Resolution,  Ex.  A  2,  87. 

National  Electric  Light  Association  Resolution  Discussed,  see  Resolution. 

Nernst  Lamps  for  Street  Lighting,  Humphrey,  233. 

New  York  Commission,  Reports,  Adams.  169. 

Nichols,  Prof.   Edwin  L.,   108,  273. 

Objections,  Robinson,  W.  C,  J39,  241,  262;  Schuyler,  K.  C,  241,  264. 
Objections  to  Service  Rendered,  Dillon,  246;  TafT,  268;  Tripp,  263. 
Operating   Conditions,   Foreign,   Marks,   154;   Ryan,  210. 
Operating  Costs  A.  C.  and  D.  C.  Lamps,  Marks,  150;  Ryan,  227. 
Orders  for  x\rc  Lamps  G.  E.  Co.,  Ex.  K,  no. 
Organization,  Board  of  Arbitrators,  116. 

Pamphlet,  "Light  and  Illuminating  Engineering,"  Ryan,  Ex.  O,  115. 

Pamphlet,  "Illuminating  Engineering,"  Ryan,  Ex.  P.  115. 

Pamphlet,    Relative    Merits   of    Open    and    Enclosed    Arc    Lights,    Ryan. 

Ex.  B,  88. 
Perkins,  Alderman,  Office,  Conference.     See  Conference. 
Photometric  Tests  Street  Lamps   Impracticable,  Dillon,  254;   Matthews, 

140. 
Photometric  Tests  Explained,  Shedd,  275;   Ryan,  283. 
Plant,  Manitou.  of  P.  P.  H.-E.  Co.,  267. 
Plant,  C.  S.  E.  Co.,  242. 
Plant  Output  of  P.  P.  H.-E.  Co.,  Taflf,  187. 
Polar  Curves,  Lamps  "J",  "M",  Ex.  No.  31,  Shedd,  66. 
Polar  Curves,  Various  Lamps,  Ex.  No.  2-^  Matthews,  67. 
Polar  Curves,  Illumination,  Ex.  No.  38,  Ryan,  69. 
Polar  Curves,  A.  C.  Lamps,  Ex.  No.  40,  Ryan,  71. 
Polar  Curves,  D.  C.  Lamps,  Ex.  No.  41,  Ryan,  72. 
Polar  Curves,  A  C.  and  D.  C.  Lamps,  Ex.  B.  Figs.  3  and  4,  Ryan,  89. 
Proceedings  N.  E.  L.  A.  1894,  Ex.  H.  104. 

See  Resolution. 
Purdue  Tests,  Ex.  Nos.  28  and  29,  63,  64;  Shedd,  124,  127;  Matthews,  133. 

Rates  of  Lighting,  Marks,  166;  Adams,  172. 

Rating  of  Arc  Lamps  by  Wattage.     See  Wattage. 

"Relative  Merits  of  Open  and  Enclosed  Arc  Lights,"  Ex.  B,  Ryan,  88. 

Report,  Commission  of  Massachusetts,  Adams,  169,  279. 

Report.  Commission  of  New  York,  Adams,  169. 

Report.  Ryan  to  Tripp,  Ex.  J,   105. 

Resolution,  City  Council.  Ex.  No.  46.  J2>- 

Resolution,  City  Council,  Discussed,  Tripp,  264. 

Resolution,  N.  E.  L.  A.,  2,000  C.  P.  Light,  Ex.  A  2,  87. 

Resolution   N.   E.   L.   A.,   Prof.   Anthony,   157;   Mr.   Brophy,    157;   Marks. 


326  INDEX. 

156,  165;  Adams,  171;  Bell,  175,  281;  Ryan,  210;  Humphrey,  230,  232; 

Dillon,  250,  251;  Schuchardt,  257,  271. 
Robinson,  W.   C,  City's  Attorney.     Initial  Summing  up  and  Argument, 

285;  Final  Summing  up  and  Argument,  303;  Objections;  139,  241,  262. 
Rouse,  Van  E.,  Ex-Councilman,  direct  examination,  117;  cross,  118. 
Ryan,  W.  D'A.,  Company's  Expert,  direct  examination,  192;  cross,  213; 

re-direct,  228;   in  rebuttal,  283. 

Sales  of  Arc  Lamps,  Adams,  169,  185;  Ryan,  211. 

Schedule,  4,000  Hours   Per   Year,   Dillon,  255. 

Schuchardt,  R.  F.,  Company's  Expert,  direct  examination,  257;  cross,  258; 
re-cross,  271. 

Schuyler,  K.  C.,  Company's  Attorney.  Closing  Argument,  293;  Objec- 
tions, 241,  264. 

Shadows,  Enclosed  vs.  Open  Lamps,  Bell,  184;  Dillon,  249;  Humphrey, 
230;  Marks,  166;  Ryan,  197,  199,  200;  'Taff,  267. 

Shedd,  Prof.  J.  C,  City's  Expert,  direct  examination,  121;  cross,  122;  re- 
direct, 131;  re-cross,  132;  Lecture,  145;  in  rebuttal,  273. 

Sketches,  Blackboard,  Ex.  No.  39,  Rj'an,  70. 

Sketches,  Lead  Pencil,  Ex.  No.  50,  Shedd,  87. 

Source  of  Light  in  Arc  Lamps.     See  Light. 

Spherical  Candle-power,  Fairest  Rating,  Ryan,  210. 

Spherical  Candle-power,  No  Basis  Charge,  Ryan,  209. 

Spherical  Candle-power,  Method  Deriving,  Ryan,  226,  283. 

Statistics,  Open  and  Enclosed  Lamps,  Adams,  169.  185;  Ryan,  211,  213. 

Station  Records  C.  S.  E.  Co.,  Ex.  M  1-23,  112. 

Station  Records  as  Basis  Lamp  Tests,  Bell,  179;  Marks,  163;  Matthews, 
142;  Dillon,  246;  Ryan,  205. 

Strieby,  Prof.  William,  City's  Expert,  direct  examination,  189;  cross.  190. 

Swindling  in  Lighting  Service,  214. 

System,  Lighting  at  Colorado  Springs,  Dillon,  242;  Shedd,  121;  Taff,  266; 
Tripp,  261. 

Taflf,  George  A.,  City's  witness,  direct  examination,  187. 

Taff.  George  A.,  Company's  witness,  direct  examination,  266;  cross,  269. 

Tafif*s  Letter  to  City.  Ex.  No.  47,  75,  269. 

Taff's  Letter  to  City,  Ex.  No.  49,  86,  269. 

Taff  Never  Talked  C.  P.,  270. 

Talbot's  Law,  Shedd,  146. 

Testimony  of  Adams,  A.  D.,  City's  Expert,  168,  185. 

Testimony  of  Armstrong,  Prof.  J.  R.,  City's  Expert,  188. 

Testimony  of  Bell,  Dr.  Louis,  City's  Expert,  174,  277. 

Testimony  of  Dillon,  Company's  Expert,  241. 

Testimony  of  Humphrey,  Company's  Expert,  230. 

Testimony  of  Lawler,  Company's  Expert,  234. 

Testimony  of  MacMillan,  K.  M.,  City's  Witness,  116.  272. 

Testimony  of  Mclntyre,  W.  H.,  City's  Witness,  119. 

Testimony  of  Marks,  L.  B.,  City's  Expert,  148,  173. 

Testimony  of  Matthews,  Prof.  C.  P.,  City's  Expert,  133. 

Testimony  of  Rouse,  Van  E.,  City's  Witness,  117. 

Testimony  of  Ryan,  W.  D'A.,  Company's  Expert,  192,  283. 

Testimony  of  Schuchardt,  R.  F.,  City's  Expert,  257,  271. 

Testimony  of  Shedd,  Prof.  J.  C,  City's  Expert.  121,  146,  273. 

Testimony  of  Strieby,  Wm.,  City's  Expert,  189. 

Testimony  of  Taff,  Geo.  A.,  City's  Witness,  187. 

Testimony  of  Taff,  Geo.  A.,  Company's  Witness,  266. 

Testimony  of  Tripp,  Geo.  B.,  Company's  Witness,  261. 

Tests  by  City,  Ex.  No.  26,  on  Streets,  61. 

Tests  by  City,  Ex.  No.  26,  Explained,  Shedd,  126. 

Tests  by  City,  Ex.  No.  26,  Interrupted,  Shedd,  128. 


INDEX.  327 

Tests  by  City,  Ex.  No.  26,  Verified.  Matthews,  133. 

Tests  by  City,  Ex.  No.  27,  on  Streets,  62. 

Tests  by  City,  Ex.  No.  28,  Purdue  Curve,  63. 

Tests  by  City,  Ex.  No.  29,  Purdue  Curve,  64. 

Tests  by  City,  Ex.  No.  31,  Polar  Curves,  66. 

Tests  by  City,  Ex.  No.  32,  Polar  Curves,  67. 

Tests  by  City  Committee,  122. 

Tests  by  Company,  Ex.  J,  on  Streets,  106. 

Tests  by  Company,  Ex.  L,  in  Sub-station,  iii. 

Tests  by  Company,  Ex.  J,  Ryan,  222,  224;  Lawler,  234;  Dillon,  247. 

Tests  by  Visual  Observation,  Bell,  178;  Marks,  159,  160;  Matthews,  144; 
Ryan,  205;  Shedd,  121,  123,  124. 

Tests  Hand-fed  Open  Arc  Lamps,  Matthews,  141. 

Tests,  Luminometer,  Colorado  Springs  and  Denver,  Dillon,  248;  Ryan,  203. 

Tests,  Luminometer.     See  Luminometer  Tests. 

Tests,  Method  of  Conducting  on  Street,  Dillon,  247;  Lawler,  234;  Mat- 
thews, 143;  Shedd,  128,  129,  274;  Strieby,  189;  Ryan,  222. 

Tests,  Method  of  Making  Compared,  Matthews,  143. 

Tests,  New  and  Old  Lamps  Differ,  Shedd,  131. 

Tests  of  Arc  Lamps  Advisable  Weekly  or  Bi-weekly,  Ryan,  205. 

Tests,  Peculiarity  of  Item  4,  Ex.  26,  Shedd,  128;  Strieby,  190. 

Tests  of  System  Based  on  One  or  Two  Lamps,  Bell,  179;  Dillon,  246; 
Marks,  163;  Matthews,  143;  Rvan,  204.  224;  Shedd,  130;  Schuchardt, 
258. 

Tests  of  Lamps  from  Station  Output.  See  Lamps,  Test  of  from  Station 
Output. 

Tests  of  System  by  One-third  of  Lamps,  Ryan,  205. 

Time  Element  in  Arc  Lamp  Curves,  Dillon,  250;  Humphrey,  230;  Ryan, 
208.  221,  283;  Shedd,  275. 

Tripp,  George  B.,  Company's  Expert,  direct  examination,  261;  cross,  264. 

Visual  Tests  of  Arc  Lamps.     See  Tests  by  Visual  Observation. 

202,  203. 
Volume  "Art  of  Illumination,"  Ex.  N.  Bell,  115. 
Volume  No.  105,  Federal  Reporter,  Ex.  A  i,  87. 
Volume  Proceedings  N.  E.  L.  A.  1894,  Ex.  H,  104. 

Wagner,  H.  A.,  Paper  by,  193,  218. 

Wandering,  Arc,  Matthews,  138,  140;  Ryan,  224. 

Wattage,  Rating  of  Arc  Lamps  By,  Bell,  278,  279,  281;  Marks  158,  160; 

Matthews,  135;  Ryan,  213. 
Watts  Per  Lamp,  February,  '05 — January,  '07,  Ex.  M  24,  113. 
Watts  Per  Lamp,  February,  '05 — January,  '07,  Ex.  M  25,  114. 
Westinghouse  Co.  A.  C.  Lamps.  Adams.  171;  Prof.  Anthony,  157;  Bell, 

175,  180. 
Witnesses  for  Defendant,  30. 
Witnesses  for  Plaintiff,  29. 

Zone  Factor,  Ryan,  226. 


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